IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.2180 OF 2010 1. GULAM SARWAR KADARI @ GULAM SARWAR, SON OF SAIYED WAJIR HASSAN 2. SAIYAD WAJIR HASSAN @ WAJIR HASSAN, SON OF LATE JAHUR MIYAN ALL RESIDENT OF VILLAGE INDERWAN ABADULLAH, POLICE STATION AND DISTRICT GOPALGANJ ……………………………………………………………………………….PETITIONERS VERSUS THE STATE OF BIHAR ********* 2 21/01/2010 Heard learned Counsel for the petitioners and the A.P.P. appearing on behalf of the State. The petitioners are apprehending their arrest in a case under Section 420 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners are not connected with the complainant. The actual fact is that the complainant wanted his sister to marry with petitioner no. 1 and when the matter has not materialized, this case has been filed alleging that petitioner no. 1 had promised to get him a job in some foreign countries and for that purpose had taken Rs. 40,000/- from the complainant. Learned Counsel submits that the entire allegations seems to be false as there is no specific facts as to how and when his passport was prepared or what took place in the intervening period when he was waiting for the job. Learned Counsel also submits that the 2 petitioner no. 2 is 80 years of age and is not directly involve in making any promise to the complainant. Considering all the facts, the petitioner no. 2, namely, Saiyed Wajir Hassan @ Wajir Hassan is directed to be released on anticipatory bail in the event of his arrest/surrender before the Court below within a period of six weeks from today in Complaint Case No. 2197 of 2008 (Trial No. 2929 of 2009) on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Shri S. P. Mishra, Judicial Magistrate, 1st Class, Gopalganj subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure. As far as petitioner no. 1 is concerned, I am not inclined to grant anticipatory bail. This application for grant of anticipatory bail on behalf of petitioner no. 1 is dismissed. However, if he surrenders before the Court below and files an application for grant of regular bail, the Court below will dispose of the application within a period of one week of its filing. Anand ( Sheema Ali Khan, J.)