IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12041 of 2011 1. NARESH VERMA @ NARESH KUMAR VERMA. 2. GANESH KUMAR SINGH @ GANESH MAHTO. Both sons of Late Ram Barat Mahto. Versus THE STATE OF BIHAR & ANR ----------- 02 29.04.2011 Heard learned counsels of the petitioners and the State. Petitioners are apprehending their arrest in a complaint case in which cognizance has been taken under Section 406/34 of the Indian Penal Code. The accusation is that petitioners received Rs. 1,28,500/- and Rs. 80,000/- for execution of the sale deed. Learned counsel for the petitioners only admits the payment of Rs. 1,28,500/- and submits that since balance consideration amount was not paid within the stipulated time, the sale deed was not executed. The petitioners are ready to return of Rs. 1,28,500/- with statutory interest. Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on provisional anticipatory bail for nine months, on furnishing bail bond of Rs. 2 10,000/- (ten thousand)each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Patna in connection with Complaint Case No. 665(C) of 2010, subject to conditions as laid down under Section 438(2) of the Indian Penal Code. Let the learned court below issue notice to the complainant and on his appearance the learned court below will make verification whether the complainant is ready to accept the offer made by the petitioners before this Court or not. The provisional bail of the petitioners will be confirmed by the learned court below either if the complainant accepts the offer of the petitioners and the money is transferred to the complainant or on refusal by the complainant the petitioners shall deposit the entire amount with interest before the learned court below which will be invested in some fixed deposit schemes which will be subject to final result of the case. Safik (Dinesh Kumar Singh, J.)