IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1356 of 2010 1.DR.BINOD KUMAR SINGH 2.DR. TUSHAR SINGH BOTH RESIDENTS OF VILLAGE DELHAPUR, P.S. SIMRI, DIST. BUXAR , PRESENTLY RESIDING AT NEHRU NAGAR, P.S. BUXAR (T), DIST. BUXAR …………………………………………………PETITIONERS. Versus STATE OF BIHAR & ANR ----------- 4 20.4.2010 Heard Mr. Kanhaiya Pd. Singh, learned Sr. Counsel appearing for the petitioners, Mr. U.S. Tiwary, learned counsel appearing for the O.P. No.2 and Mr. Kumar Priya Ranjan, learned A.P.P. for the State. Petitioners apprehend their arrest in connection with complaint case No. 168 –C of 2009 in which cognizance has been taken under sections 403, 420 of the Indian penal Code. According to the prosecution case complainant after having learnt about dissolution of the first marriage of petitioner no.2 Dr. Tushar Singh with a Russian Girl, he started negotiation for marriage of his daughter Munni Kumari. After some negotiation marriage was finally settled and on 9.12. 2008 some ceremony was also held. On 14.12.2008 the date of marriage between the petitioner no.2 and the victim girl was also fixed as 27.2.2009. Invitation card was also printed but unfortunately on 16.2.2009 petitioner no.1 informed the complainant about the arrival of Ist Russian wife of petitioner no.2 and, therefore, he was - 2 - told that the marriage between the petitioner no.2 and daughter of informant was not possible. However prior to the cancellation of aforesaid proposed marriage, it is stated that altogether Rs. 13, 81,000/- was spent by the complainant either by way of payment of money in cash or for the purpose of purchasing of vehicle or ornaments or some other articles. The matter was heard on 07.04.2010 and was adjourned at the request made by the parties for completing their pleadings and also with a hope that the matter may be compromised between the parties out side the court. After pleadings were completed by the parties, they have filed their separate affidavit in support of their respective case, but unfortunately it was informed to the court that settlement could not be arrived at because of rigid stand taken by both the sides. After hearing the parties at length, learned counsel for the petitioners took a fair stand that his clients are prepared to deposit entire amount in the court below, which is subject matter of dispute in the present case, but the deposit made by the petitioners many not be construed as admission of the guilt. It is also pleaded that for depositing the entire amount some installments may be fixed and entire deposit may be subject to - 3 - out come of the trial in the case. Learned counsel for the State as also the informant have strongly opposed the prayer for anticipatory bail. But in view of the stand taken by the learned counsel for the petitioners, they have agreed that let the entire amount be deposited in the court below, which may be subject to out come of the trial in the case. In the aforesaid back ground, it is directed that the petitioners must deposit Rs. 5, 00,000/- in the court below within a period of four weeks from today. If such deposit is made then within the same time the above named petitioners shall be enlarged on bail on furnishing bail bonds of Rs. 25,000/- (twenty five thousand) each with two sureties of like amount each to the satisfaction of Shri U.K. Sharma, J.M. Ist class, Buxar in connection with the above noted case subject to the conditions laid down under section 438(2) Cr.P.C. and subject to further condition : (a) That one of the bailors must be Govt. servant or close family member of the petitioners who will file an affidavit in the court below showing his/her relationship with the petitioner. However, before accepting the bail bonds furnished - 4 - by the petitioners learned court below must be satisfied about the factum of deposit of Rs. 5,00,000/- by the petitioners within the time frame fixed by this Court. So far the balance amount of Rs. 8,81,000/- is concerned, petitioners are directed to deposit Rs. 3,00000/- on completion of three months from today and further Rs. 3,00000/- on completion of five months from today and the remaining amount of Rs. 2,81,000/- will be deposited on completion of seven months from today. It is pertinent to mention here that the entire amount deposited by the petitioners shall be subject to out come of the trial in the case and the deposit shall be made either in cash or by the bank draft to the satisfaction of the court below. If the petitioners are held guilty by the trial court, then the complainant shall be entitled to receive the entire amount, but if the petitioners are acquitted then in that case they will receive back the entire amount deposited by them. Non compliance of the order aforesaid regarding deposit within time frame would be construed that the prayer made by the petitioners for grant of anticipatory bail has finally been rejected by this court. In that case petitioners would have to - 5 - surrender in the court below and would have to seek regular bail. (Birendra Prasad Verma, J) M.Rahman