IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28048 of 2010 NIRAJ CHANDHARIYAVI S/O Shri Nawal Kishore Prasad…….Petitioner. Versus STATE OF BIHAR . ----------- 3. 21.09.2010 Heard learned counsel for the petitioner and the State. Agreement in between the parties for three flats, one at Ranchi and two at Patna for Rs.30,61,000/- is admitted. Payment of Rs.13,61,000/- is also admitted. Non-execution of registered deed for the flats at Ranchi and non-providing of two flats at Patna is a matter of dispute. According to the petitioner, payment was made for the flats at Ranchi and that was handed over to the complainant and for rest, it is said that no payment was made. So, agreement was cancelled and both the flats were transferred in favour of others, payment of rest of the amount is in dispute. According to the complainant, he has paid total amount of Rs.38,57,000/- while at petitioner’s end it is said that this total amount was not paid by the complainant rather by others either her family members or relations, but for a building constructed by petitioner for them at A.G. Colony, Patna payment was for the two flats appears doubtful as it was to be paid up to Rs.30,00,000/- and Rs.38,00,000/- has been paid. However, petitioner is ready to secure the payment by furnishing security subject to result of the case, though similar relief was given by the Sessions Judge also. Undertaking is accepted. Petitioner is directed to furnish certificate for fixed deposit for Rs.17,00,000/- withdrawal of which can be made subject to result of the case. The certificate shall be furnished in seventeen months of equal amount. 2 Having regard to the facts and circumstance of the case, in the event of arrest or surrender within a period of one month from date of receipt/production of a copy of this order and on depositing/furnishing of first fixed deposit within a month, above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Judicial Magistrate First Class, Arrah in connection with Complaint Case No. 381( C ) of 2009, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Vikash ( Mandhata Singh, J.)