IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34416 of 2008 MD.MONAJIR HUSAIN @ MONAJIR HUSSAIN, son of Late Md. Munaf, resident of Girls School Road, Police Station and District Katihar Versus 1. STATE OF BIHAR 2. Raman Kumar Suman, son of Late Rohin Das, resident of village Laxmipur, P.S. Barari, District Katihar with Cr.Misc. No.8273 of 2009 SHIV SHANKAR JHA, son of Sri Diwakar Jha, resident of village Kali Bari, P.S. Katihar, District Katihar Versus 1. STATE OF BIHAR 2. Raman Kumar Suman, son of Rohin Das, resident of village Lakshmipur, P.S. Barari, District Katihar (working as Assistant Teacher, Primary School Charramari Amdabad, District Katihar) ----------- 09/ 17.3.2009 Heard learned counsel for the petitioners, the State and the complainant. Petitioners in the two applications are apprehending their arrest in connection with a case registered for the offence under Sections 420, 406 and 120B of the Indian Penal Code. Petitioner, Md. Monajir Husain @ Monajir Hussain is the introducer of the complainant on the basis of which his account was opened in Punjab National Bank, Daulat Ram Chowk Branch, Katihar and a loan of Rs. 75,000/- was sanctioned. At the relevant time, petitioner Shiv Shankar Jha was Branch Manager of the aforesaid Punjab National Bank, Daulat Ram Chowk Branch, Katihar wherefrom the loan amount has been withdrawn without the authorization of the complainant. Having heard counsel for the parties, including the counsel for the complainant, it is directed that the amount of Rs. 2 75,000/- (seventy five thousand) be deposited by both the petitioners, 50% each in the trial court and thereafter the trial court should invest the deposit made in fixed deposit and the result of trial of the petitioners shall govern the disposal of the amount deposited. In the event, complaint is dismissed, the amount shall be paid back to the two petitioners with interest accrued thereon. The aforesaid amount be deposited in the trial court within six weeks from today and once such deposit is made, petitioners, Md. Monajir Husain @ Monajir Hussain and Shiv Shankar Jha be admitted to the privilege of bail on furnishing bail bonds of Rs. 5,000/- (Rs. Five thousand only) each with two sureties of the like amount each to the satisfaction of Sri S.M.F. Bari, J.M. 1st Class, Katihar in connection with C.A. Case No. 2329 of 2004, subject to the conditions laid down under Section 438(2) Cr.P.C. Let this order be communicated to the court below through fax on payment of usual charges by the petitioners. Arjun/ (V.N. Sinha, J.)