IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46366 of 2008 1. SUSHIL MOHAN MANDAL SON OF LATE LAL JEE MANDAL 2. SHAMBHU MANDAL SON OF SUSHIL MOHAN MANDAL 3. BARUN KUMAR MANDAL SON OF SUSHIL MOHAN MANDAL ALL RESIDENTS OF VILLAGE CHAKLA MAULA NAGAR POLICE STATION FALKA ( Pathia) Versus STATE OF BIHAR ----------- 2/ 06-02-2009 Heard counsel for the petitioners and the State. Complainant is a widow lady. Case has been registered under sections 406, 418, 420, 467 and 468 of the Indian Penal Code against the petitioners alleging that in spite of receiving entire consideration money, the accused persons fraudulently transferred the land in favour of some other persons. Counsel for the petitioners submits that the money was forfeited as the complainant did not approach for execution of sale deed as per the agreement between them within the specified period. Counsel for the petitioners further submits that the complainant has herself admitted this fact that out of Rs. 2,30,000/- , an amount of Rs.1,42,000/- has been returned. Now she is claiming Rs.88,000/-. Counsel for the petitioners submits that further an amount of Rs. 15,000/- has been returned to the informant. Petitioners no. 2 and 3 are the students. Petitioner no.1 is ready to make payment of Rs. 73,000/- to the complainant in three instalments. Considering the above undertaking , petitioners no.2 and 3, namely, Shambhu Mandal and Barun Kumar Mandal, are granted anticipatory bail in connection with Complaint Case no. 1787 of 2007, - 2 - in case of their appearance before the Chief Judicial Magistrate, Katihar within four weeks from today on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar. Petitioner No1.Sushil Mohan Mandal is allowed provisional bail on same terms and conditions as applicable in case of petitioners No.2 and 3. His provisional bail will be confirmed on payment of dues amount, i.e., Rs. 73,000/-, in three instalments. First instalment must be paid by the petitioner No.1 on the date he appears before the Chief Judicial Magistrate, Katihar for grant of provisional bail. Rest two instalment will be paid within three months. In case petitioner no.1 defaults in making the payment, his bail bond should be cancelled. BTiwary/ ( Mridula Mishra, J )