IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7581 of 2008 ASHOK KUMAR JHA Versus THE STATE OF BIHAR ----------- 4. 09.09.2008 Heard learned counsel for the petitioner and the State. A supplementary affidavit has been filed on behalf of the petitioner. Petitioner is an accused in a case for the offences registered under Section 420 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act. Learned Counsel appearing on behalf of the petitioner submits that the present complaint has been filed for ulterior purposes on account of certain bonafide differences in the business transaction. He further submits that notwithstanding the merits of the matter the petitioner proposes to pay the amount said to have been defalcated by him as stated in paragraph-7 of the supplementary affidavit. Learned counsel for the Opposite Party No. 2 and the State submit that the bonafide of the petitioner could be seen only in case petitioner makes some substantial deposit. It has been suggested that let the petitioner deposit a sum of Rs. 20,000/- out of Rs. 1, 00000/- for that at the first instance and thereafter for balance he would continue to pay monthly installment of Rs. 2 20,000/- Considering the above, it is directed that in the event of arrest or surrender within a period of four weeks from today and on deposit of Rs. 20,000/- in the court below, the petitioner, Ashok Kumar Jha be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Ist Class, Gopalganj in connection with Complaint Case No. 834 of 2006 corresponding to Trial No. 2299 of 2007 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. It will be open for the complainant to withdraw the amount deposited by the petitioner. It is also made clear that on failure of the petitioner to deposit the monthly installments, it will be open for the Opposite Party No. 2 or State to file an application for cancellation of bail. The amount deposited by the petitioner shall be subject to the final result of the criminal case. Jagdish/- ( Shailesh Kumar Sinha,J.)