IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23699 of 2011 1. Sushila Devi, wife of Girish Prasad 2. Girish Prasad, Son of Late Mahendra Prasad Singh Both are residents of village-Rauna Sherpur, P.S.-Balaganj, District- Gaya. …………Petitioners. Versus 1. The State of Bihar 2. The Branch Manager, Bank of Baroda, Kankarbagh Branch, Patna. ……….Opposite Parties. ----------- 2. 20.07.2011 Heard learned counsel for the petitioner and learned counsel appearing for the State. The petitioners apprehend arrest in connection with a case registered for the offence under sections 406 and 420 of the Indian Penal Code. The prosecution has alleged that the petitioners took loan of Rs. 5,00,000/- from the Bank of Baroda but the documents submitted by them for mortgage were subsequently found to be fake. Learned counsel for the petitioners submits that the Bank after proper verification of the document as well as inspection of the spot sanctioned the loan to the petitioner No. 2. Petitioner No. 1 is guarantor of the said loan. Learned counsel for the petitioners further submits that out of Rs. 5,00,000/- the petitioner has already repaid Rs. 1,50,000/-. It is further submitted that the petitioners are ready to make payment of remaining principal amount 2 of the loan within a period of four months. Taking into consideration the aforesaid submissions, let the petitioners, namely Sushila Devi and Girish Prasad in the event of their arrest or surrender before the Court below within a period of four weeks from the date of communication of this order, be enlarged on provisional anticipatory bail for a period of four months, on furnishing bail bonds of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna in connection with Patrakar Nagar P.S. Case No. 2 of 2011. In the meantime, the petitioner would make payment of the entire principal amount of loan to the concerned bank and file a receipt in token of such payment before the concerned court in that regard. In case the petitioner is able to satisfy the court that they have repaid the entire remaining principal amount in question, the provisional bail, so granted to the petitioners, shall be confirmed. It is made clear that in case within the time aforesaid, the petitioners fail to comply with the undertaking given to the court with regard to the payment the provisional bail so granted shall stands cancelled and the petitioners may pray thereafter for 3 regular bail, which shall be considered in accordance with law on its own merit. Sanjeet/ (Ashwani Kumar Singh, J.)