IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1192 of 2011 KAMAKHYA NARAIN SINGH SON OF BHUBHNESHWER SINGH, RESIDENT OF VILLAGE SHAHPUR, P.S. SADAR DARBHANGA, DISTRICT DARBHANGA. ----------------PETITIONER Versus THE STATE OF BIHAR -----------------OPPOSITE PARTY ----------- 2 15.02.2011 The petitioner is apprehending his arrest in a case registered under Sections 504, 323, 420 and 406 of the Indian Penal Code and under Section 138 of the Negotiable Instruments Act 1981. It is alleged that Rs. 68,000/- was given by the complainant to the petitioner on assurance of refund within two months, but said amount could not be refunded even after two months. On a request made by the complainant, a cheque was handed over by the petitioner to the complainant with assurance that the complainant should present the cheque after one month, but the cheque subsequently, could not be encashed since account was closed. It is submitted on behalf of the learned counsel for the petitioner that the cheque was given for transfer of the land, moreover after one months of the bouncing of the cheque, the case was lodged which is not maintainable under N.I. Act. 2 Let the petitioner be released on bail on deposit of Rs. 68,000/- in three monthly installments in the Court of learned Judicial Magistrate 1st Class Darbhanga. The money will be invested in some fix deposit scheme and the said deposit money will be subject to the result of the case, let the petitioner be released on provisional bail for four months in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with C.R. 69/09: T.R. No. 3169/10 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Darbhanga subject to the conditions as laid down under Section 438(2) Cr.P.C. Let learned Magistrate confirm the provisional bail if the aforesaid amount is deposited within three months. Amrendra/- (Dinesh Kumar Singh, J.)