IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11591 of 2010 1. KAMESHWAR PRASAD SON OF LATE RAMESHWAR PRASAD, 2. KIRAN DEVI @ KIRAN VERMA, WIFE OF KAMESHWAR PD., BOTH RESIDENT OF SAHARSA TOWN, WARD NO. 15, P.S. SAHARSA, DISTRICT SAHARSA. --- PETITIONERS. Versus STATE OF BIHAR--- OPP. PARTY. ----------- For the petitioners :M/S B.N.P.Singh with Ratan Kumar, Advocates. For the State : Mr. Rajesh Kumar No.1, A.P.P. ---- 2/ 04.05.2010 A supplementary affidavit has been filed on behalf of the petitioners. Let it be kept on record. Heard the parties. In a criminal prosecution, for offence under sections 420 and 406 of the Indian Penal Code, the petitioners are alleged to have negotiated with the complainant and one Wakil Mistry for purchasing of 1½ katha of land for a total consideration amount of Rs. 86,000/-. They are said to have paid an amount of Rs. 20,000/- to the complainant and the aforesaid Wakil Mistry, who are said to be close relation and thereafter got a sale deed executed for the aforesaid land on assurance that the balance amount shall be paid to them soon. On persuasion of the petitioners ‘Chirkut’ was also handed over to the complainant but subsequently, despite promise made , the balance of Rs. 66,000/- was not paid to the - 2 - complainant and the aforesaid Wakil Mistry. Learned counsel appearing for the petitioners denies the aforesaid allegations and claims that entire allegations are contrary to the documentary evidence available on the record. However, in response to query made by this Court, learned counsel for the petitioners took a fair stand that without going into the merits of the case, the petitioners will be depositing balance amount of Rs. 66, 000/- in the court below within a period of six weeks from today, provided the deposit made by the petitioners may not be construed as admission of the guilt and the amount deposited may be made subject to the result of the trial. In view of the aforesaid stand taken by the learned counsel for the petitioners, it is directed that the petitioners must deposit Rs. 66,000/- in the court below within a period of six weeks from today and if the aforesaid amount is deposited, then within the same period, in the event of their arrest or surrender in the court below, the above named petitioners shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of Sri J.P. Kisku, Judicial Magistrate, Ist Class, Saharsa in Complaint Case No. 98( C ) of 3009, subject to the conditions as laid down under section 438(2) of the Cr.P.C. - 3 - However, if the petitioners do not deposit the aforesaid amount within the said period, then it would be construed that the prayer made on behalf of the petitioners for grant of anticipatory bail before this Court has finally been rejected and in that case the petitioners would be obliged to surrender in the court below and seek regular bail, if so advised. ( Birendra Prasad Verma, J ) BTiwary/