IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23711 of 2010 SANJAY KUMAR JHA, S/OAMARNATH JHA @ MUNNIBACHCHA R/O VILLAGE-MANGARAUNI (BACHHAWARI TOLA), P.S. RAJNAGAR, DISTRICT-MADHUBANI. --PETITIONER Versus 1. THE STATE OF BIHAR 2. KAILASH CHANDRA JHA, S/O LATE KAMLA KANT JHA, R/O SANKAT MOCHAN COLONY, P.S.TOWN, (MADHUBANI) DISTRICT-MADHUBANI. --OPP.PARTY For the Petitioner : Mr. Gopal Jha For the Informant : Mr. Manoj Kr. Jha For the State : Ms. Shaheen Begum, APP 2 06.09.2010 Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State and Sri Manoj Kumar Jha, for complainant opposite party no.2. During the course of argument learned counsel for the petitioner offered to pay the entire money for which two cheques were issued in favour of the complainant by him but could not be encashed. But, he sought some time to pay the amount in installments, even agreed to pay interest at the bank rate. In view of the above, in the event of petitioner paying fifty per cent of total sum claimed and furnish 2 undertaking to pay the remaining , including the interest instalments at the bank rate, till date of final payment within three months, the petitioner, in the event of his arrest or surrender within four weeks from today, is directed to be enlarged on bail on his furnishing bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhubani, in C.R. no. 546 of 2009, T.R. no. 1780 of 2010, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, with additional condition that the petitioner shall be present before the court below on each and every date on the date fixed during the period till the final payment or disposal of the case, whichever is earlier. If the petitioner fails to remain present on two consecutive dates without any reasonable explanation or even a single default in payment the privilege granted shall be deemed to be cancelled. (Akhilesh Chandra, J.) AAhmad