Patna High Court - OrdersDr. Yogendar Prasad Mandal & Anr. vs The State Of Bihar on 6 March, 2013Author:Dinesh Kumar SinghBench:Dinesh Kumar SinghIN THE HIGH COURT OF JUDICATURE AT PATNA
                             Criminal Miscellaneous No.33888 of 2012
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               1. Dr. Yogendar Prasad Mandal
               2. Upasana Kumari

                                                                  .... ....   Petitioner/s
                                                 Versus
               The State Of Bihar

                                                    .... .... Opposite Party/s
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               CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR
               SINGH
               ORAL ORDER


07/   06-03-2013Heard learned counsels for the petitioners

                    and the State.The petitioners are apprehending their arrest

                    in a complaint case in which cognizance has been taken

                    for the offences punishable underSections 147,323,341,379,406,420,452and120Bof the Indian Penal

                    Code.It is alleged that Rs.10,00,000/- (Ten lakhs)

                    was paid to the petitioners for executing the sale deed by

                    petitioner no. 2, who is daughter of petitioner no. 1 when

                    subsequently Rs.2,65,000/- was returned and cheque was

                    issued for Rs. Seven lakhs, which got bounced.It is submitted by learned counsel for the

                    petitioners that the blank cheque was given to thePatna High Court Cr.Misc. No.33888 of 2012 (7) dt.06-03-20132/3complainant, who is LIC agent and who has mis-utilized

                   the same, which is being denied by the learned counsel

                   appearing for the complainant. However, the total

                   amount alleged to have been given by the petitioners

                   undisputedly in cash.Petitioners         undertake   to    deposit

                   Rs.3,50,000/- (Three lakhs and fifty thousand) before the

                   learned court below within a period of six months, which

                   will be invested in some fixed deposit scheme by the

                   learned court below in connection with the present case,

                   which will be subject to the result of the case.Considering the aforesaid facts, let the above

                   named petitioners be released on anticipatory bail in the

                   event of their arrest or surrender before the learned court

                   below within a period of twelve weeks from today, on

                   furnishing bail bond of Rs.10,000/- (Ten thousand) each

                   with two sureties of the like amount each to the

                   satisfaction of learned CJM, Vaishali at Hajipur in

                   connection with Complaint Case No. 2112 of 2009, Tr.

                   No. 3099 of 2011, subject to the conditions as laid down

                   under Section 438(2) of the Cr.P.C.The bail bonds of the petitioners shall bePatna High Court Cr.Misc. No.33888 of 2012 (7) dt.06-03-20133/3accepted provisionally till deposit of the aforesaid

                   amount.(Dinesh Kumar Singh, J.)
DKS/