IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46653 of 2009 1. SAFIA BANO wife of Md. Salim Rizvi 2.Md. Salim Rizvi son of late Md. Nayeem Versus STATE OF BIHAR THRU.CBI & ANR ----------- 5 21.5.2010 A supplementary affidavit has been filed on behalf the petitioners. Let it be kept on record. Heard the parties. Both the petitioners ,who are wife and husband, apprehend their arrest in connection with Special Case No. 8 of 2008 arising out of RC 8 (A)/2008 dated 31.3.2008 registered under sections 120 B , 420, 467, 468, 471 of the Indian Penal Code and under section 13(2) read with section 13(1)(d) of the P.C. Act. According to the prosecution case the petitioner no.1 obtained over draft facility of Rs. 24 lacs, whereas petitioner no.2 obtained over draft facility of Rs. 25 lacs from Allahabad Bank, Patliputra Branch,Patna. It is alleged that for securing the aforesaid over draft facility, they had produced certain title deeds by way of collateral securities, but the same were found to be fake and forged one. Though it is claimed that petitioners have returned loan amount of about Rs. 18 lacs, but that is not being admitted by learned counsel appearing on behalf of the C.B.I. and that is required to be verified from the Bank records. However, learned counsel for the petitioners submits that without going into controversy about the quantum of deposit made by the petitioners, in fact, the entire loan amount /over draft facility amount , as per the calculation made by the Bank, shall be repaid by the petitioners by 30th June, 2010. In support of such assertion a supplementary affidavit has been filed today in the court and in paragraphs 2 and 3 of the supplementary, - 2 - affidavit it has been clearly stated that the petitioners are willing and ready to repay the total outstanding dues of the Bank latest by 30th June, 2010. Learned counsel for the C.B.I., though opposed the prayer for anticipatory bail made on behalf of the petitioners, has fairly conceded that if the entire loan amount / outstanding dues of the Bank is returned by the petitioners within the time fixed by this court, then this court may consider their prayer for grant of anticipatory bail provisionally for certain period and only on actual payment of the entire amount that provisional anticipatory bail may be confirmed. Be that as it may, in the aforesaid facts and circumstances, the petitioners are directed to deposit entire outstanding dues of over draft facility /loan amount of the Bank latest by 15th July 2010. If the entire outstanding dues is paid by the petitioners by 15th July 2010, then within the same period, the above named petitioners in the event of arrest or surrender in the court below shall be enlarged on bail on furnishing bail bond of Rs.25,000/-(twenty five thousand) each with two sureties of the like amount each to the satisfaction of Special Judge C.B.I. (south Bihar) Patna, in 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 petitioners. However, it is made clear that if the petitioners do not deposit the entire outstanding loan amount of the Bank within the time fixed by this court, then it will be construed that prayer for anticipatory bail made on - 3 - behalf of the petitioners has finally been rejected by this court and in that case petitioners would be obliged to surrender in the court below and seek regular bail. ( Birendra Prasad Verma, J. ) M.Rahman