IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30217 of 2009 JAI KUMAR SINGH, son of Shri Mani Singh, Resident of Bank Colony, near St. Karens School, Bailey Road, P.S.-Rupaspur, District- Patna. ……………Petitioner. Versus THE STATE OF BIHAR ……….Opp. Party. ----------- 3/ 07.09.2009 Heard learned counsel for the petitioner and the informant. Petitioner is the builder and apprehending arrest is connection with Rupaspur P.S. Case No. 18 of 2009 registered for offence under Section 420 and 406 of the Indian Penal Code. On the last occasion this matter was heard on 28.08.2009. The counsel for the petitioner has submitted that the petitioner is ready to execute sale deed in favour of the informant, subject to the terms and conditions regarding escalation of price as mentioned in the agreement, since instalments were not paid by the informant as per the schedule. Counsel for the informant was given time to seek instruction whether informant is ready to pay consideration money in terms of Clause relating to escalation of price as mentioned in the agreement. Today, when the matter is again taken up, petitioner as well as informant is in agreement. The petitioner is ready to execute the sale deed and informant - 2 - is ready to make payment of residual consideration money in terms of conditions regarding escalation of price as mentioned in the agreement. The Counsel for the petitioner submits that as an alternative petitioner is ready to refund money already paid by the informant with interest. The prayer for anticipatory bail on behalf of petitioner namely Jai Kumar Singh is allowed, in the event of his arrest or surrender before the court below within a period of four weeks from today and on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M., Danapur, Patna, in connection with Rupaspur P.S. Case No. 18 of 2009 (G.R. No. 298 of 2009) subject to the following conditions : (i) The A.C.J.M., Danapur will initially grant provisional bail to the petitioner for eight weeks. Within this period all transactions will be completed by the parties and an affidavit informing completion of transaction will be filed before the A.C.J.M., Danapur on behalf of the petitioner. The A.C.J.M., Danapur will then confirm the provisional bail, on being satisfied that conditions have been fulfilled. (ii) In case entire consideration money is not paid by the informant within this period, provisional bail will be confirmed, without execution of sale deed by the petitioner. (iii) In - 3 - case petitioner fails to execute sale deed within specified time, even after payment of entire consideration money by the informant, the provisional bail will not be confirmed and it will be cancelled. Sanjeet/ (Mridula Mishra, J.)