IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11355 of 2010 1. Aash Kuwar Devi, wife of Vijay Singh. 2. Vijay Singh, son of Late Bhulan Singh. 3. Arun Kumar Singh, son of Vijay Singh. All are resident of Mauza Aalampur Gonpura, Police Station Phulwari Sharif, District-Patna…..Petitioners. Versus The State of Bihar……………………Opposite Party. ---------- 4. 02. 07. 2010. Heard learned counsel for the petitioners and learned counsel for the complainant as also learned Addl. P.P. for the State. Three petitioners are named accused in connection with Complaint Case No. 3124© of 2008 for offences under Sections 420, 406/34 of the Indian Penal Code, carry allegation that they entered into an agreement with property dealer, petitioner no.1 to execute the sale deed within the stipulated period on receipt of consideration amount as agreed, but as alleged inspite of taking major portion of agreed amount with different installments totaling Rs.29,00,000/- (Twenty nine lacs), they have refused to perform their part of agreement giving rise to filing of Title Suit No. 8 of 2009, by the complainant for specific performance of the contract and instant complaint also. As it appears from order dated 30. 04. 2010, there was an expectation that the matter may be ended by virtue of amicable settlement on the event of execution of sale deed with respect to the land for which a sum of Rs. 2 29,00,000/- (Twenty nine lacs) has admittedly been received by the petitioners. Learned counsel for the petitioners has clearly stated that petitioners are now not ready to transfer the land to the complainant taking into consideration as stated non-performance of agreement by the complainant within the stipulated period and other behaviours. However, they are ready to return the amount so received Rs. 29,000/- (Twenty nine lacs). Considering the facts and circumstances of the case and the event of petitioners depositing Rs. 29,00,000/- (Twenty nine lacs) in the court in Title Suit No. 8 of 2009, subject to final decision in the said case, in the event of their arrest/surrender before the court below within four weeks on receipt of copy of this order, the above named petitioners are directed to be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of court below/ Shri Akhilesh Kumar Singh, Judicial Magistrate, Ist Class, Patna, in connection with Complaint Case No.3124 ©/08 subject to the conditions as laid down under Section 438 (2) of Cr.P.C. m.p. ( Akhilesh Chandra, J.) 3