IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous Case No.25666 of 2011 Vikash Kumar son of Late Parmanand Rai, resident of village Chakiya,P.S.Barauni,District Begusarai Versus The State Of Bihar or the petitioner : Mr.Ajay Kumar Thakur For the State : Mr. Addl.P.P. ------- 02/ 03.08.2011 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel appearing for the complainant. The petitioner seeks bail in a complaint case registered for offences under Sections 420, 406, 467 and 468 of the Indian Penal Code and 138 of the Negotiable Instrument Act. According to allegation, the complainant had given Rs.4 lacs to the petitioner for depositing in the policy of Bajaj Alianz Life Insurance Company but he did not deposit the same. On demand, the petitioner gave a cheque of Rs.4 lacs to the complainant and when the said cheque was deposited in the Bank, the cheque was returned due to insufficient amount in the account of the petitioner and thereafter the present case was filed. Learned counsel for the petitioner has submitted that the offences under the provision of Indian Penal Code are not attractable and only case under Section 138 of the Negotiable Instrument Act is made out. The prayer for bail of the petitioner has been opposed by learned counsel appearing for the complainant. Considering the fact that the a cheque of Rs.4 lacs was 2 issued in favour of the complainant by the petitioner, he is liable to give the said amount to the complainant. As the petitioner is in jail, so after considering the submissions of the learned counsel for the petitioner and learned counsel appearing for the Complainant, it is directed that the petitioner shall be released on bail on his depositing a Bank Draft of Rs.2 lacs in favour of the complainant and on furnishing bail bond of Rs.10,000/0(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sri Abhishek Kunal, Judicial Magistrate, Ist Class, Begusarai/successor court in Complaint Case No. 2199 C of 2009. The said Bank draft produced before the court shall be handed over to the complainant. It is also made clear that the petitioner will go on paying the rest amount of Rs.2 lacs within eight months from the date of his release on bail and if he fails to pay the rest amount of Rs.2 lacs, his bail bond shall automatically be cancelled. The trial court will not be prejudiced from this order. The payment of Rs.4 lacs would be subject to the final decision of the complaint case. Tahir/- (Shyam Kishore Sharma, J.)