IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36644 of 2009 1. Kishori Devi, W/o Manager Sahani. 2. Upendra Sahani @ Upendra Kumar, son of Manager Sahani. 3. Jitendra Sahani, son of Manager Sahani. All residents of Mohalla- Agarba, P.S. Town District- Motihari ……………………………………..Petitioners. Versus 1. The State of Bihar 2. Parmila Devi, W/o Bijendra Sahani, R/o Bhawanipur Jinat near Kunwa Mandir, P.S. Chhatauni,District-East Champaran. ----------- 4. 13. 04. 2010. Heard Mr. Arbind Kumar, learned counsel appearing on behalf of the petitioners, Mr. Anil Kumar, learned counsel appearing on behalf of O.P. No. 2 and Mr. Brajendra Nath Pandey, learned Additional Public Prosecutor for the State. The petitioners apprehend their arrest in connection with Complaint Case No. 1889/2007 (Trial No. 2526/09) registered under Sections 347, 406 and 120 B of the Indian Penal Code. In compliance of order dated 31. 03. 2010, a compromise petition in the form of joint supplementary affidavit duly sworn by Petitioner No. 1 and O.P. No. 2 has been filed today in Court. Let it be kept on record. It has been stated in the aforesaid compromise petition that Petitioner No. 1 and O.P. No. 2 are full sisters and in that view of the mater the entire dispute has been compromised between the parties. The petitioners have undertaken to return Rs. 35,000/- within the period of two months from today, though subject matter of criminal breach of trust was Rs. 65,000/-. It is stated that claim for Rs.30,000/- has been waved by the complainant to Petitioner 2 No. 1 for the purpose of marriage of her daughter. In the aforesaid background, the petitioners are directed to deposit Rs. 35,000/- within a period of two months from today in the court below which will be payable to the complainant on proper verification and identification. If the aforesaid amount is deposited in the court below within time fixed by this Court then in the event of their arrest/surrender within the same period the petitioners, namely, Kishori Devi, Upendra Sahani @ Upendra Kumar, Jitendra Sahani, shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Sri S. C. Dwivedi, Judicial Magistrate, Ist Class, Motihari, in connection with Complaint Case No. 1889/2007(Tr. No. 2526/09) subject to the conditions as laid down under Section 438 (2) of Cr.P.C. However, if the aforesaid amount is not deposited within two months from today, then it would be construed that petition filed on behalf of the petitioners for grant of anticipatory bail has been dismissed by this Court. m.p. ( Birendra Prasad Verma, J.)