IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33154 of 2009 Toukir Ahmad @ Md. Taukir Ahmad, S/o Samim Ahmad, Resident of Village- Basaitha, P.S. Benipatti, District- Madhubani. ……………………………………..Petitioner. Versus The State of Bihar ……………………………Opposite Party. ----------- 2. 09. 11. 2009. Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in connection with Complaint Case No. 672C/2007 registered for offences punishable under Section 420 of Indian Penal Code and 138 of N.I Act. It is submitted that the petitioner and the complainant was both doing the business, but unfortunately, business failed and heavy loss occurred and the petitioner had given a cheque for Rs. 90,000/- to the complainant which is alleged to have been bounced. The allegation of cheating is absolutely incorrect. Learned counsel for the petitioner submits that petitioner is ready to pay the said amount of Rs. 90,000/- in three instalments of Rs. 30,000/- each and shall deposit the amounts in the complaint case in question. Learned counsel for the complainant submits that petitioner be given liberty to withdraw the aforesaid amounts. Considering the facts and circumstances of the case, the petitioner, namely, Toukir Ahmad @ Md. Taukir 2 Ahmad be released on bail, in the event of his arrest or surrender within a period of four weeks from the date of communication of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria, in connection with Complaint Case No. 672C/2007, subject to the condition as laid down under Section 438(2) Cr.P.C. with a further condition that the petitioner as submitted may deposit the first instalment of Rs. 30,000/- within one month and balance amount of Rs.60,000/- (sixty thousand) after release on bail be deposited by next two months in the court below. The complainant shall be at liberty to withdraw the said amount which shall be deposited by the petitioner in the court below. In case the above amount is not deposited within the aforesaid period, this order shall stand recalled. m.p. (Shailesh Kumar Sinha,J.)