IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12342 of 2010 Rajeev Mishra @ Rajeev Kumar Goswami, son of Bhudeo Goswami, resident of Village- Kajraili, P.S. Kajraili, District-Bhagalpur……………………………Petitioner. Versus The State of Bihar ………………………Opposite Party. For the petitioner :- Mr. Krishna Mohan, Advocate. For the State :- Mr. Sanjay Kr. Tiwary-1, A.P.P. ----------- 2. 10. 05. 2010. Heard the parties. In a criminal prosecution for offences under Sections 420/406/34 of the Indian Penal Code, the petitioner along with other co-accused persons are alleged to have cheated Rs. 1,70,000/- from the mother of the complainant in the name of providing some employment to the complainant. The money has been paid to the petitioner and other co-accused persons, but neither employment has been given to the complainant nor the aforesaid money has been returned till date despite repeated request. The matter was heard on 7th May, 2010 and on the oral prayer, the learned counsel was given opportunity to seek instruction from his client as to whether the petitioner is prepared to deposit the aforesaid amount of Rs. 1,70,000/- in the court subject to outcome of the trial, but the learned counsel for the petitioner states that petitioner is not in a position to deposit the aforesaid amount even in the court. In the aforesaid background, prayer for anticipatory made on behalf of the petitioner is rejected. The petitioner must surrender in the court below in connection with Complaint Case No. 175C/2008 within a period of four weeks from today, and if so 2 advised, seek regular, which shall be disposed of on its own merit without being prejudiced by the present order. m.p. ( Birendra Prasad Verma, J.)