IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12211 of 2010 1. SHYAM PHOOL DEVI,wife of Ram Jatan Prasad Verma. 2. Ram jatan Prasad Verma,son of late Ram lakhan Das. Both are resident of village-Rajgir, P.S.-Rajgir,District-Nalanda.. Petitioners Versus THE STATE OF BIHAR .. .. Opp.Party ----------- For the Petitioners :Mr. Hans Raj,Advocate For the Informant :Mr. Amit,Advocate For the State :Mr. Ram Priya Sharan Singh, Addl.P.P. ----------- 02/ 06-05-2010 Heard the parties. In a criminal prosecution for the offences under Sections 406/420/467 and some other allied offences of the Indian Penal Code, the petitioners are alleged to have received Rs.51,000/- (Rupees fifty one thousand) from the informant/complainant for transferring certain plot of lands. Subsequently, it transpired that the lands in question do not belong to them and, therefore, the sale deed could not be executed. Learned counsel for the petitioners, though has denied the allegation, but has taken very fair stand that petitioners would be depositing the aforesaid amount of rupees fifty one thousand in the court below, provided the same may be made subject to out come of the trial and further the deposit made by the petitioners may not construed as admission of the guilt. In the aforesaid background, the petitioners are directed to deposit the aforesaid amount of rupees fifty one thousand within a period of eight weeks from today. If such a 2 deposit is made, then in the event of arrest/surrender within the same period in Rajgir P.S.Case No.15/2010, the above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand)each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. It is made clear that the deposit made by the petitioners shall be subject to the out come of the trial of the petitioners in the present case and deposit made by them would not be construed as admission of the guilt. However, if the petitioners do not deposit the aforesaid amount within the aforesaid time, then it would be construed that the prayer made on behalf of the petitioners for grant of anticipatory bail 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, if so advised. AH/ ( Birendra Prasad Verma, J.)