IN THE HIGH COURT OF JUDICATURE AT PATNA Cr Misc No 2034 of 2011 Bibi Rukhsana, wife of Md Wasiqur Rahman, resident of village – Mainapur, Police Station – Araria, District – Araria - Petitioner Versus The State of Bihar - Opposite Party ----------- 2 19.01.2011 The petitioner was made an accused before the Chief Judicial Magistrate, Araria in Complaint Case No 635C of 2008 instituted under Sections 420 and 406/34 of Indian Penal Code. She had moved this Court for anticipatory bail and this Court, by order dated 28.05.2009 passed in Cr Misc No 18958 of 2009, directed her to deposit Rs 30,000/- in the Court below and upon such deposit being made, petitioner was directed to be released on bail. Petitioner states that pursuant to order of this Court, she deposited Rs 30,000/-, as directed. Subsequently, she and her husband both have been discharged inasmuch as the complainant died and no one was substituted in place of the complainant. It was a case of non-prosecution. After petitioner was discharged, she made an application before the Court concerned, where the case was pending for trial, but the Court concerned by the order dated 28.10.2010, has expressed its inability to order refund as money was deposited pursuant to orders of this Court. Having considered the matter, as the complaint itself is dead and buried, it is of no use to let the money, as deposited by the petitioner, remain in Court’s custody. I, accordingly, direct that upon proper identification, Rs 30,000/-, as claimed to have been deposited by the petitioner in the said case which is now pending before Shri S K Rai, Judicial Magistrate, 01st 2 Class, Araria be ordered to be refunded to the petitioner within one week of presentation of a copy of this order. This application is, accordingly, disposed of. Let a copy of this order be communicated to the Court concerned by FAX at the cost of the petitioner. M.E.H./ (Navaniti Prasad Singh)