IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19758 of 2010 1. Bhageshwar Kumar, son of Ram Singeshwar Sharma, Resident of Mohalla-Anand Puri, P.S. Sadar, District- Muzaffarpur, earl.ier Branch Manager, Bank of India, Kudia Branch, P.S. Pipra, District-East Champaran,at Motihari. 2. Kumod Chaubey, son of Late Singeshwar Chaubey, Resident of Mohalla- Alakapuri, P.S. Sadar, District- Muzaffarpur, at present cashier, Bank of India, Kudia Branch, P.S. Pipra, District-East Champaran, at Motihari. …….Petitioners. Versus The State of Bihar ………………………Opposite Party. ----------- 2. 22. 06. 2010. Heard the parties. The petitioners apprehend their arrest in a complaint case, in which cognizance has been taken for offence under Section 409 of the Indian Penal Code besides other offences. According to the prosecution case, while the Petitioner No. 1 was posted as Branch Manager of Bank of India at Kudia Branch in the district of East Champaran, and Petitioner No. 2 was posted as Accountant, the complainant deposited an amount of Rs. 19,000/- on 19. 08.2008, but that was not credited to his account. However, after filing the complaint before the higher Bank Officials, the said amount was transferred and credited in the account of the complainant. Learned counsel for the petitioners submits that due to incomplete filing of pay slip, money deposited by the complainant was credited in sundry debtors account of the Bank, and therefore, allegation of misappropriation or cheating by the petitioners are not correct. On verification of records admittedly, money has been 2 credited in the account of the complainant. He further submits that there was no deliberate attempt made by the petitioners to commit criminal breach of trust or cheating with respect to money deposited by the complainant and some mistake has occurred which is apparently bonafide and not deliberate. It is also highlighted that matter has been compromised between the parties. Taking into consideration the facts and circumstances of the case, it is directed that in the event of their arrest/surrender in connection with Complaint Case No. 2363/08, within a period of four weeks from today, the above named petitioners shall be released 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, East Champaran, Motihari, subject to the conditions as laid down under Sections 438 (2) of Cr.P.C. and subject to further conditions; (a) that one of the bailors must be Govt. servant or close family members of the petitioners, who will file an affidavit in the court below showing his/her relationship with the petitioners. (b) The petitioners shall make regular Pairvi in the court below in the present case either by appearing themselves in person or through representation by their lawyer on each and every dates, 3 and if on two consecutive dates petitioners fail to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioners. m.p. ( Birendra Prasad Verma, J.)