Birendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14011 of 2015 Arising Out of PS.Case No. -338 Year- 2014 Thana -KAJI MUHAMMADPUR DistrictMUZAFFARPUR ======================================================

1. Birendra Kumar Son of Late Ram Naresh resident of village - Dumraith, P.S. Bhabua, District - Kaimur .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sada Nand Ray, Advocate For the Opposite Party/s : Mr. Anish Chandra (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-05-2015 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 420, 379 of the Indian Penal Code.

It is alleged that the informant's A.T.M. card was exchanged and subsequently the money was withdrawn from the account of the informant and Rs. 26,000/- was transferred in the account of the petitioner. It is submitted by the learned counsel for the petitioner that the petitioner is a Assistant Teacher in the middle school at Bitwar under Bhabhua P.S. one Rajendra Singh, who is a teacher in the petitioner's school and the present informant committed the fraud.

Patna High Court Cr.Misc. No.14011 of 2015 (2) dt.11-05-2015 Though, Rs. 26,000/- was transferred in the account of the petitioner, but subsequently from the account of the petitioner Rs. 78,600/- were withdrawn against which this petitioner has filed Durgawati P.S. Case No. 222 of 2014, against the present informant and the co-teacher Rajendra Singh levelling accusation under Sections 468, 420, 120B of the Indian Penal Code. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent.

Considering the case lodged by the petitioner for withdrawal of the amount from the petitioner's account at earlier point of time, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Muzaffarpur in connection with Kazimohammadpur P.S. Case No. 338 of 2014, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.

(Dinesh Kumar Singh, J) P.K./- U T