IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34317 of 2011 ====================================================== Shanta Kumar @ Shanta Kumar Chandel son of Sudhanshu Singh, resident of village- Bardih, P.S. Islampur, District Nalanda. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : M/s. Raj Kumar & Rajaday Sahgajeet, Advocates. For the Opposite Party/s : Mr. Anil Kumar, Addl. P.P. For the Informant : Vibhuti Ranjan Sonvadra, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 3 14-10-2011 Heard learned counsel for the petitioner, learned counsel appearing on behalf of the State as also learned counsel appearing on behalf of the informant. The petitioner apprehends his arrest in a criminal prosecution registered under sections 419, 420, 406 and 506 of the Indian Penal Code. Learned counsel for the petitioner submits that the informant had handed over Rs. 51, 000/- (Fifty one thousand) for the purpose of obtaining any Insurance Policy in her favour and, accordingly, the petitioner invested the money in Kotak Mutual Fund and got a Policy issued in her favour under KOTAK MIDCAP SIP and for that Rs. 18,000/- (Rs. Eighteen thousand) was deposited towards premium and Rs. 32,400/- (Rs. Thirty two Patna High Court Cr.Misc. No.34317 of 2011 (3) dt.14-10-2011 2 / 3 2 thousand and four hundred) was realized by the company towards service charge and, as such, it is submitted that the entire allegation is false and concocted one. Learned counsel for the State as also learned counsel for the Informant have strongly opposed the prayer for anticipatory bail. It is submitted that as a matter of fact from the records of the Insurance Company also it transpires that Rs. 32,400/-, which was allegedly realized from the informant by the petitioner towards service charge, has not been deposited in the Insurance Company and the entire claim to that extent stands falsified by the record of the company. In response to the query made by the Court, learned counsel for the petitioner has fairly submitted that the petitioner is prepared to deposit Rs. 32,400/- in the court provided the aforesaid deposit may not be construed as an admission of the guilt and his defence is not adversely affected during the course of trial. In view of the fair stand taken by the learned counsel for the petitioner, in the event of his arrest or surrender in the court below within a period of four weeks from today, the above named petitioner shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Hilsa in connection with Islampur Patna High Court Cr.Misc. No.34317 of 2011 (3) dt.14-10-2011 3 / 3 3 P.S. Case No. 108 of 2011 subject to the conditions as laid down under section 438(2) Cr. P.C. and subject to further condition that within the aforesaid period the petitioner must deposit the aforesaid amount of Rs. 32,400/- either by cash or by way of demand draft or by any other mode, as directed by the learned trial court. It is made clear that if the petitioner fails to deposit the aforesaid amount of Rs. 32,400/- in the court below, as directed above, then it shall be construed that the prayer for anticipatory bail made on behalf of the petitioner has finally been rejected by this Court and in that event the petitioner will have to surrender in court below and, if so advised, seek regular bail, which shall be considered on its own merit. B Tiwary/- (Birendra Prasad Verma, J)