IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31521 of 2011 ====================================================== 1. Manjit Kumar, son of Jawahar Lal. 2. Jawahar Lal, son of late Durgasharan Prasad, resident of Mohalla Nai Sarai, P.S. Bihar, Distt. Nalanda. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Mukesh Kumar, Advocate For the Complainant/s : Mr. Jay Kumar, Advocate For the Opposite Party/s : Mr. Ajay Kumar Jha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 2 15-10-2011 Heard. The petitioners apprehend their arrest in a criminal prosecution, based on a complaint petition, in which cognizance has been taken under Sections 420, 120B of the Indian Penal Code. According to the prosecution case, the petitioners are alleged to have cheated Rs.60,000/- from the complainant in the name of installation of a Mobile Tower at the roof of his house, but that Tower was never installed, as a result of which the complaint petition was filed. Learned counsel for the petitioners submits that Patna High Court Cr.Misc. No.31521 of 2011 (2) dt.15-10-2011 2 without going into the controversy raised in the complaint petition, the petitioners are prepared to return Rs.60,000/- to the complainant provided their defence is not adversely affected during the course of criminal trial. Learned counsel appearing on behalf of the complainant has readily accepted the proposal. Be that as it may, in the facts and circumstances of the case, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, the above named petitioners are directed to be released on bail in connection with Complaint Case No.212C of 2011 on furnishing bail bonds of Rs.10,000/-(ten thousand) each with two sureties of like amount each to the satisfaction of Smt. Rachna Srivastava, learned Judicial Magistrate, Ist Class, Biharsharif, Nalanda subject to the conditions laid down under Section 438 (2) of the Cr.P.C. and subject to further conditions that before acceptance of bail bonds, the learned Magistrate must be satisfied that an amount of Rs.60,000/- has been paid to the complainant either in cash or by way of bank draft/demand draft. It is made clear that if the aforesaid amount of Rs.60,000/-is not paid to the complainant within the aforesaid period of six weeks, then it shall be construed that the prayer for Patna High Court Cr.Misc. No.31521 of 2011 (2) dt.15-10-2011 3 anticipatory bail made on behalf of the petitioners has finally been rejected by this Court and in that case he will have to surrender and seek regular bail in the court below. It is further clarified that payment of Rs.60,000/- to the complainant by the petitioners shall not be construed as admission of the guilt during the course of trial. Anjani /- (Birendra Prasad Verma, J)