Shama Devi @ Rama Devi v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14625 of 2019 Arising Out of PS. Case No.-235 Year-2018 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Shama Devi @ Rama Devi, Wife of Om Prakash Mehatar @ Omprakash Manjhi @ Shri Om Prakash Ram, Resident of Village/ At - Hajiyapur, Ward No. 27, Police Station - Gopalganj, District- Gopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar and Anr Bihar 2.

The Branch Manager Canara Bank, Gopalganj Branch, Gopalganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Javed Aslam For the Opposite Party/s :

Mr. Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-03-2019 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 21.12.2018 in a case registered for the offences punishable under Sections 419, 420, 467, 468 and 471 of the IPC.

The prosecution case is that the petitioner withdrew Rs.1,18,000/- from the bank account of one Girja Devi by forging her signature.

It is submitted by learned counsel for the petitioner that the petitioner is not known to said Girja Devi and when Girja Devi

Patna High Court CR. MISC. No.14625 of 2019(2) dt.11-03-2019 2/3 came to know about the withdrawal of the alleged amount from her bank account, she made complaint before the Branch Manager on 27.03.2018, then, in order to save their own skin, the Branch Manager of the Bank lodged the present case against the petitioner. It is further submitted that the alleged withdrawal has been allowed only through the withdrawal slip after verifying the signature of the account holder by the concerned authority of the bank. It is further submitted that the petitioner has earlier lodged a case against the informant being Complaint Case No.878 of 2018 and thereafter, as a retaliatory measure, the present case has been lodged against the petitioner.

It is submitted by the learned counsel for the informant that from the CCTV footage it appears that the alleged withdrawal was made by the petitioner and the enquiry is still in progress and after finding the prima facie case true, the FIR has been registered against the petitioner. Considering the fact that the material on record does not suggest the withdrawal with the signature of the petitioner on the alleged withdrawal slip, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned C.J.M.

Patna High Court CR. MISC. No.14625 of 2019(2) dt.11-03-2019 3/3 Gopalganj Town P.S. Case No.235 of 2018.

(Dinesh Kumar Singh, J) Deepak/- U T