IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 28711 of 2011 1. Smt. Lalita Rai, W/o Sri Baldeo Rai, R/o Vill- Bagha Tola, P.S-Janipur, Dist-Patna & Shivaji Nagar, Makhdumpur, Digha, P.S-Digha, Dist-Patna. 2. Sri Baldeo Rai, S/o Late Bittan Rai Vill- Bagha Tola, P.S-Janipur, Dist-Patna & Shivaji Nagar, Makhdumpur, Digha, P.S-Digha, Dist-Patna. At present both are resident of House No. 13/214, Indira Nagar, Near Munshi Puliya, Lucknow (U.P.). Versus 1. The State of Bihar ----------------- 02. 26.09.2011 Heard learned counsel for the petitioners, informant and the State. The petitioners are apprehending their arrest in a case registered under Sections 420, 504 and 506 of the Indian Penal Code. The case of the complainant is that he had advanced the petitioner a sum of Rs. 9,00,000/- for transaction of some certain piece of land but the same could not be effected therefore the accused persons refunded a sum of Rs. 4,75,000/- but the rest Rs. 4,25,000/- is due with the accused persons. The petitioner submits that he is ready to refund Rs. 4,25,000/- in easy instalments in the period of next three months if he is granted anticipatory bail without prejudice to his case. In view of such, let the petitioner, above named be released on provisional anticipatory bail for a period of three months in the event of arrest or surrender before the 2 learned Court below within a period of four weeks from the date of receipt of the order on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Chief Judicial Magistrate, Patna in connection with Complaint Case No. 2111 (C) of 2010 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. In the meanwhile, the petitioner shall refund the amount of Rs. 4,25,000/- to the complainant and if such proof of the same is produced before the Court below the provisional below granted to the petitioner shall be confirmed. It is expected that the parties will maintain peace. Vikash/- (Anjana Prakash, J.)