IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17449 of 2011 Raj Kishore Prasad Anil Versus The State Of Bihar ------ 04/ 08.09.2011 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State assisted by learned counsel for the informant. Petitioner is accused in a case registered under sections 406,420 and 120B of the IPC on the allegation that he took Rs 2 lakhs for execution of the sale deed in favour of the informant but in spite of taking advanced money, he did not execute the sale deed in favour of the informant. At the very outset, it is contended by learned counsel for the petitioner that without admitting the prosecution case, petitioner is ready to pay Rs 2 lakhs to the informant but the aforesaid payment would be made by the petitioner in two instalments. Learned counsel for the informant submits that though she was directed by this court to seek instruction from the client but she could not succeed to seek instruction from the client as her client is not in Patna. She further submits that she has no objection if the petitioner gives Rs 2 lakhs to the informant. In view of the aforesaid circumstances as well as considering the nature of the offence, the petitioner, Raj Kishore Prasad Anil, is directed to be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate, Danapur District - 2 - Patna in Sahpur P.S. Case no. 9/2011 subject to the conditions that the petitioner would deposit Rs one lakh in Nazarat of the civil court within fifteen days from the date of his release from judicial custody and the rest amount i.e. Rs one lakh would be deposited by the petitioner within two months from the date of first deposit. The informant shall be entitled to withdraw the aforesaid amounts. The above stated payments shall be subject to the result of the final judgment of Sahpur P.S. Case no. 9/2011. It is made clear that if the informant fails to prove his case in course of trial, the petitioner shall be entitled to recover the above stated Rs 2 lakhs from the informant. shahid (Hemant Kumar Srivastava,J)