IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12294 of 2010 SHEKH NURUL HODA,son of Sk.Mobarak,resident of village-Deurwa,P.O.-Sitapur,P.S.-Lauriya, District-West Champaran. .. Petitioner Versus 1. THE STATE OF BIHAR 2. Arvind Kumar Chaudhary,son of Late Rameshwar Chaudhary,resident of village- Kumarbag,P.S.-Chanpatiya,Distt.-West Champaran. .. .. Opp.Parties ----------- For the Petitioners:Mr.Bimlesh Kr.Pandey, Advocate For the State :Mr.J.K.Roy-1, Addl.P.P. ------------ 02/ 06-05-2010 Heard the parties. In a criminal prosecution for the offences under Sections 406, 420 and 506 of the Indian Penal Code, the petitioners are alleged to have cheated Rs.50,000/- from the informant on the promise that he would make all arrangement for sending the informant to a foreign country for employment. The informant was taken to Mumbai. Despite staying there for some time, no arrangement for sending the informant to a foreign country was made by the petitioner, rather he was asked to come back to village home. The passport of the informant was also retained by the petitioner. Learned counsel appearing for the petitioner denies the allegation, but has taken a fair stand that his client is ready to deposit the aforesaid amount of rupees fifty thousand within a period of four weeks from today, provided that the deposit may be kept as subject to out come of the trial, and the deposit made by the petitioner may not be construed as admission of guilt. 2 In view of the fair stand taken by the petitioner, it is directed that he must deposit the aforesaid amount of rupees fifty thousand, which is the subject matter of criminal breach of trust and cheating, in the court below within a period of four weeks from today. If such a deposit is made, then within the same period in the event of arrest/surrender in Lauriya P.S.Case No.06 of 2010, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah, West Champaran, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure, and subject to further condition that one of the bailors must be a Government servant or close family members of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner. It is made clear that the deposit made by the petitioner shall be subject to the out come of the trial in the case and the deposit made by the petitioner would not be construed as admission of the guilt. However, if the petitioner fails to deposit the aforesaid amount within the time fixed by the Court, then it will be construed that the prayer made by the petitioner for anticipatory bail has finally been rejected by this Court, and then in that case he would be obliged to seek regular bail in the court below. AH/ ( Birendra Prasad Verma, J.)