IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12187 of 2010 1.SUSHILA DEVI 2.Ram Kumar @ Ram Kumar Acharya 3.Sonu Kumar 4.Shankar Kumar , all residents of village Afzala Balia P.S. Biraul, Dist. Darbhanga ….Petitioners. Versus STATE OF BIHAR O.P. ----------- For the Petitioners: Mr. Ansul, Advocate For the State : Mr. Ajit Kumar, A.P.P. 2 6.5.2010 Heard the parties. In a criminal prosecution for offence under section 418 and 406 of the penal Code petitioners no.1 to 3 are alleged to have received Rs. 1,32,000/- from the complainant for transferring their land measuring 1 katha 10 dhurs and an agreement for sale on stamp paper was also signed by the parties . In that agreement to sale petitoner no.4 is a witness. Consideration money for transfer of land was fixed at Rs. 1,50,000/- per katha. However, due to non-compliance of certain terms and condition of agreement the sale deed could not be executed leading to filing of the present complaint case. Learned counsel appearing on behalf of the petitioners has denied the entire prosecution allegation and he has submitted that Rs. 5,000/- was paid to petitioner no.1 by the complainant and rest money was not paid by the complainant, therefore, sale deed could not be executed. However, in response to a query made by this Court, learned counsel appearing on behalf of the petitioners has taken a very fair stand that without going into merit of the claim and counter claim of the parties, the petitioners are prepared to deposit Rs. 1, 32,000/- in the court below within a period of eight weeks from today which may be subject to out come of the trial of the petitioners in - 2 - the present case and further deposit made by the petitioners may not be construed as admission of their guilt in the present case. In view of the aforesaid fair stand taken by the learned counsel for the petitioners it is directed that petitioners must deposit the aforesaid amount of Rs. 1, 32,000/- in the court below, which is subject matter of controversy in the present case. If such amount is deposited within eight weeks from today, in the event of arrest or surrender in the court below, the above named petitioners shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of C.J.M, Patna in connection with complaint case no. 2490 of 2009, subject to the conditions laid down under section 438 (2) Cr.P.C.It is made clear that the deposit made by the petitioners shall be subject to out come of the trial and the deposit made by the petitioners shall not be construed as admission of their guilt. However, if within the period of eight weeks petitioners do not deposit the aforesaid amount of Rs. 1, 32,000/- then it will be construed that the petition filed by the petitioners before this Court for grant of anticipatory bail has finally been rejected by this court and in that case petitioners would be obliged to surrender in the court below and seek regular bail, if so advised. ( Birendra Prasad Verma, J. ) M.Rahman