IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34769 of 2008 BHARAT PRAJAPATI, Son of Late Dayali Prajapati, resident of Village Siawonk, P.S. Baghaila (Nokha), District Rohtas Versus STATE OF BIHAR ----------- 3. 25.11.2008 Heard the learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in connection with Dehri (Dalmianagar) P.S. Case No.338/2006 for the alleged offences registered under sections 409 and 420 of the Indian Penal Code. The allegation against the petitioner is that while he was working as Assistant Sub-Postmaster at Dalmianagar Sub-Post Office, an amount of Rs.62,000/- was alleged to have been withdrawn from the account of one Surjdeo Narain and a sum of Rs.7,000/- from the account of Nurul Hoda. The learned counsel for the petitioner submits that although the petitioner had no role since the payments were made under the signature of the concerned Postmaster but this apart, taking the line of least resistance, the petitioner submits that he intends to deposit a sum of Rs.69,000/- within a period of five weeks. Considering the facts and circumstances of the case and the submissions aforementioned, let the petitioner deposit a sum of Rs.69,000/- within a period of five weeks in the court below. If the petitioner deposits the aforementioned amount 2 within the stipulated period, then the petitioner above named, in the event of his arrest or surrender in connection with Dehri (Dalmianagar) P.S. Case No.338/2006 within a period of six weeks, be enlarged on bail 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, Rohtas at Sasaram, in connection with the aforesaid case, on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure. The amount so deposited shall be subject to the result of the case. PNM (Shailesh Kumar Sinha, J.)