IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25646 of 2011 1. Jawahar Mishra son of Sri Abhiram Mishra 2. Pinky Jha wife of Pradeep Chandra Mishra Versus The State Of Bihar ----------- 2. 25.8.2011 Heard learned counsel for the petitioners, the State and the informant. The petitioners are apprehending their arrest in a case registered under Sections 406, 420 of the Indian Penal Code and 138 of the N.I. Act. The case of the complainant is that he was duped by the son and husband of petitioner nos.1 and 2 respectively, namely, Pradeep Chandra Mishra into parting with some money for admission of his child in the Medical College. Subsequently child could not be admitted and the complainant demanded the money, where after the accused Pradeep Chandra Mishra is said to have given a cheque of Rs.22 lacs which bounced and petitioner no.2 is also said to have given a cheque of Rs.1 lac which bounced. As for the petitioner no.1 he gave an undertaking along with the petitioner no.1 that the money would refunded to the complainant despite which the money was not refunded. The Counsel for the petitioners submit that as per the narrative of the complaint it is evident that it is Pradeep Chandra Mishra, who was involved in duping the complainant into parting with money and petitioners committed the act of - 2 - giving a cheque and signing on the agreement more as a matter of coercion so that there would no further harassment to them. Considering the same, let the petitioners above named be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of 12 weeks from today in connection with Complaint case No.286-C of 2011 (Trial No.210 of 2011) on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also conditions (i) That one of the bailor will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will undertake to furnish information to the Court about any change in address of the petitioners. (ii) That the affidavit shall clearly state that the petitioners are not an accused in any other case and if they are they shall not be released on bail, (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, (iv) That the petitioners will be well represented on - 3 - each date if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J. )