IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4533 of 2009 BAMBAHADUR SINGH Versus STATE OF BIHAR For the Petitioner :Mr. Ashutosh Kumar & :Mr. Chandra Mohan Jha Advocates For the State : Mr.Ahmad Ali, APP For the Informant :Mrs. Asha Devi, Advocate ---- 2. 01.05.2009 Heard counsel for the petitioner, counsel for the informant as well as counsel for the State. The petitioner has approached this Court seeking anticipatory bail in a case instituted under sections 420,467,468 and 120B IPC. As per the allegation in the complaint (later on treated as an FIR), the father of the complainant was entitled to certain payment from DCLR’s office and accordingly a cheque wroth Rs.4350/- was issued in his name. The allegation in the complaint is that after the death of his father the amount was withdrawn by the present petitioner with the assistance of the accused persons. This allegation has been levelled several years after the alleged aforesaid withdrawal of money. Counsel for the petitioner submits that although he denied the allegation but for the purpose of bail he is prepared to pay the said amount of Rs.4350/- to the complainant by way of a demand draft. Counsel for the informant submits that the informant shall have no objection if the amount is paid and thereafter privilege of anticipatory bail is granted to the petitioner. She further points out - 2 - that some other accused persons in the present case have surrendered and thereafter they were granted regular bail. Having considered the submissions made at the Bar and after going through the record, I am persuaded to dispose of this application in the following manner: 1. The petitioner shall pay a sum of Rs.4350/- by way of a demand draft in favour of the informant, payable at Hajipur, within a period of three weeks from today, such payment shall be without prejudice to his right/claim/defense. The petitioner shall thereafter produce papers before the court below with regard to such payment having been made to the informant. The petitioner shall surrender in the court below within four weeks from today and apply for bail. The court below shall release him on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to its satisfaction (Chief Judicial Magistrate, Vaishali at Hajipur) in connection Hajipur town P.S. Case No.320 of 2008, subject to the conditions as laid down under section 438(2) Cr.P.C. hr ( Kishore K. Mandal )