IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1282 of 2010 1. Nafish Ahmad, son of Md. Munif Khan, 2. Md. Munif Khan, son of Late Lal Mohammad, Both resident of Village- Zahira, P.S. Hazipur Town, District-Vaishali. ………………………..Petitioners. Versus The State of Bihar ………………………Opposite Party. ----------- 2. 06. 04. 2010. Heard Mr Shivendra Prasad, learned counsel appearing on behalf of the petitioners and Mr. Rama Kant Sharma, learned senior counsel appearing on behalf of the complainant as also Mr. Umesh Lal Verma, learned Additional Public Prosecutor for the State. The petitioners apprehend their arrest in connection with Complaint Case No. 1245 of 2009, pending in the court of learned Chief Judicial Magistrate, Vaishali at Hajipur, in which cognizance has been taken under Sections 420, 406 and 504/34 of the Indian Penal Code. According to the prosecution case, the petitioners and the complainant were having friendly relationship and therefore, a demand was made by the petitioners for Rs. 55,000/- and that was given by the informant, but despite promise,money was not returned. In village panchayati, the petitioners agreed to make payment by February, 2010, but despite the aforesaid undertaking the payment has not been made. Learned counsel for the petitioners has disputed the aforesaid allegation, but he has fairly conceded that his client is prepared to deposit the aforesaid amount in the court below subject to outcome of the case 2 Learned counsel for the State as also learned counsel for the informant have opposed the prayer for grant of anticipatory bail to the petitioners, but have conceded that if the money in question is deposited in the court below then prayer for grant of anticipatory bail to the petitioners may be considered favourably. In that view of matter, the petitioners are directed to deposit Rs. 55,000/- in the court below within a period of four weeks from today and if such deposit is made, then the petitioners, namely, Nafish Ahmad and Md. Munif Khan, in the event of their arrest/surrender within a period of four weeks from today, shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Complaint Case No. 1245 of 2009, subject to the conditions as laid down under Section 438(2) of Cr.P.C. It is made clear that deposit of the aforesaid amount by the petitioners would be subject to outcome of the trial. If the petitioners are convicted, then money shall be forfeited and may be handed over to the complainant, but if the petitioners are acquitted, then in that case the money shall be returned to the petitioners. However, during the pendency of the trial, if the parties arrive at a compromise, then they may file an appropriate petition in the court below and the court below may pass appropriate order in this regard in accordance with law. m.p. ( Birendra Prasad Verma, J.)