IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7488 of 2010 1. Samim Akhtar, son of Nizamuddin. 2. Nizamuddin, son of Late Haji Jamizuddin. Both are resident of Village-Harishpur Shivnagar, P.S. Korha, District-Katihar. …………………..Petitioners. Versus The State of Bihar …………………………Opposite Party. ----------- 3. 30. 03. 2010. Heard Mr. Bhola Prasad, learned counsel for the petitioners and Mr. Ram Priya Sharan Singh, learned Additional Public Prosecutor for the State. The petitioners apprehend their arrest in connection with Complaint Case No. 2491/2009, pending in the court of learned Judicial Magistrate, Ist Class, Katihar, in which cognizance has been taken under Sections 420, 504 and 323/34 of the Indian Penal Code. This matter was heard earlier on 22. 03. 2010 and it was adjourned for a week for enabling the learned counsel for the petitioners to seek instruction as to whether the petitioners are prepared to deposit of Rs. 1,10,000/- in the court below, subject to outcome of the case, as according to the prosecution case, petitioners are alleged to have defrauded the complainant and are said to have received the aforesaid amount in the name of providing some Government job. Learned counsel for the petitioners states that petitioners are not prepared to deposit the aforesaid amount. In that view of the matter, prayer for grant of anticipatory bail made on behalf of the petitioners is dismissed. The petitioners must surrender in the court below 2 within a period of four weeks from today, and if so advised, seek regular bail. If such a petition is filed in the court below, then the same may be disposed of on its own merit without being prejudiced by this order. m.p. (Birendra Prasad Verma,J.)