1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20868 of 2011 Dharmendra Mandal S/o Khantar Mandal, R/o Village- Jhawn, P.S. Kharik, District-Bhagalpur, at present R/o Village- Bangali Tola, P.S. Bariarpur, District-Munger. --Petitioner Versus 1. The State Of Bihar 2. Meera Devi W/o Late Rajendra Mandal, Village-Jhawn, P.S. Kharik, District-Bhagalpur. -- Opp.Party 6 12.12.2011 Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State and learned counsel for the informant. Petitioner is one of the named accused in this case, instituted on the basis of Complaint Case no. 129 of 2010, carries allegation of taking the cheque issued in favour of the complainant- informant as compensation of death of her husband but somehow or other the petitioner kept the cheque which was to be deposited in the account to be opened in a local bank. Submission is that, in fact, the petitioner and complainant- informant both has joint bank account in Syndicate Bank, Fatehpur Beri Branch, Indira Nagar, Delhi, A/C no. 16825 after computerization converted into 90162010042738 wherein not only the present cheque rather cheque issued earlier against the claim of minor daughter of the complainant-informant was also deposited and, in fact, for other purposes and family properties this case was instituted wherein one compromise petition was also filed while father of the petitioner was in custody and one cheque for Rs.60,000/- had to be issued against S.B. A/c no. 11788049765 running at State Bank of India, Kharik Bazar (Bhagalpur) though bounced for which remedy lies elsewhere. But in view of deposit of the cheques issued in the joint account petitioner has committed no wrong. Considering the facts and circumstances, the petitioner, in the event of arrest or surrender 2 within four weeks, is directed to be enlarged on bail on furnishing bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Naugachia in Naugachia (Kharik) P.S. Case no.32 of 2010, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure with additional condition that petitioner shall remain present before the court below till disposal of the case. In case of failure to remain present on two consecutive dates without reasonable explanation, the privilege granted shall be deemed to be cancelled. AAhmad/ ( Akhilesh Chandra, J.)