IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.45397 OF 2009 KAILASH PRASAD GUPTA, SON OF SHAMBHU PRASAD GUPTA, RESIDENT OF D. B. ROAD, SAHARSA, POLICE STATION AND DISTRICT SAHARSA VERSUS THE STATE OF BIHAR ********* 2 23/02/2010 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner is apprehending his arrest in a case under Sections 420, 467, 468, 471 & 406 of the Indian Penal Code. The petitioner is a agent in the post office. About Rs. 80,000/- was deposited in the Post Office which was in the name of Sapna Kumari and her father. After the death of father, the step-mother Arti Devi got her name substituted in place of her husband’s name. The money is still intact with the Post Office as such there is no defalcation. This case has been filed by the daughter of Basudeo Gupta as she claims that she also has a share in her father’s money. Considering the nature of the dispute, the above named petitioner is directed to be released on anticipatory bail in the event of arrest/surrender before the Court below within a period of six weeks from today in Saharsa Sadar Police Station Case No. 496 of 2009 on furnishing bail bond of Rs. 10,000/- (ten thousand) with 2 two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure. Anand ( Sheema Ali Khan, J.)