IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32007 of 2009 1. RAMAYAN HAZARA, son of late Mahang Hazara 2. Baliram Chandra, son of Ramayan Hazara Both are residents of village Mishrauli, P.O. Chuhari, P.S. Chanpatia, District West Champaran Versus 1. STATE OF BIHAR 2. Shankar Sharma, son of late Ram Narayan Sharma, resident of village Bishunpur, Gidha, P.S. Maniyari, District Muzaffarpur ----------- 3. 17.11.2009 Heard counsel for the petitioners and the counsel for O.P.No.2. The prayer of the petitioners for grant of bail for offence u/s 420 I.P.C. and other allied offences as per the allegation made in a complaint case filed in the year 2001 is that the two petitioners had cheated the complainant as also others by giving impression that they would provide job to the complainant and his family members and others if they would arrange certain money. It is said that they had paid a sum of Rs. 2,16,000/- and in which the personal amount of the complainant was to the tune of Rs. 86,000/-, whereas the remaining Rs. 1,30,000/- was paid by Nitesh Prasad, Ram Ayodhya Mahto, Manoj Kumar, Sheo Shankar Prasad and Thakur Jee, who are witnesses in this case. This Court noticing that the 2 allegation against the petitioner is of the year 2001 and the petitioners have approached for bail in the year 2009 had issued notice to the complainant- O.P.No.2. who has now submitted that he is still prepared to prove the charge of cheating against the petitioners and therefore, the petitioners should not be granted bail because once they would be so released it will be very difficult to secure their presence for their trial, especially when they had also remained absconding for a very long period. Counsel for the petitioners, however, on instructions would submit that in order to satisfy the bonafide of the petitioners they would deposit a sum of Rs. 86,000/-, which had allegedly been paid by the complainant- O.P.No.2, subject to the result of the trial and with a clear understanding that if the petitioners are ultimately acquitted of the charge, the said money will be refunded back to the petitioners, but on the contrary, if the charge against them is proved the sum of Rs. 86,000/- so deposited by the petitioners 3 will be retained by the complainant- O.P.No.2. Counsel for O.P.No.2 has got no objection to the aforesaid offer of the petitioners. That being so, this Court would direct for release of the abovenamed petitioners on provisional bail for a period of one month on their furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Pankaj Mishra, Judicial Magistrate, 1st Class, Muzaffarpur in Complaint Case No. 839/2001, trial No. 3700/2009, on the following terms and conditions: (i) One of the bailers of both the petitioners would be the mother of petitioner no.2 and wife of petitioner no.1 and the other bailer will be deponent of this bail application, namely, Ramesh Hazara. (ii) The petitioners on completion of a period of four weeks would surrender again in the court below and their provisional bail would be confirmed only if 4 they deposit a sum of Rs. 86,000/- either in cash or through a Bank draft to the complainant- O.P.No.2 in court for its being passed to the complainant opposite party no.2 confirming bail of the two petitioners. (iii) The amount of Rs. 86,000/- paid by the petitioner to the complainant- O.P.No.2 would be received by the complainant- O.P.No.2 on a surety furnished to the court that he would return the same in case the petitioners are exonerated of the charge in the trial. (iv) In the event the petitioners will not deposit the amount or will not surrender in a period of four weeks, their bail shall stand cancelled and the court below will take all possible coercive steps for ensuring their appearance. (v) The petitioners shall remain present in course of trial which would commence within six months from the date of their confirmation of provisional bail so that the same is concluded in a period of next six months from the date of commencement of the trial. (Mihir Kumar Jha,J.) Surendra/ 5