Syed Nasir Abbas v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11535 of 2016 Arising Out of PS.Case No. -373 Year- 2015 Thana -NANHPUR District- SITAMARHI ======================================================
1. Syed Nasir Abbas son of Late Syed Sajid Hussain, resident of MohallaBal Kishanganj Ghera, P.O.- Gulzarbagh, P.S.- Alamganj, District- Patna .... .... Petitioner/s
Versus
1. The State of Bihar
2. Uttar Bihar Gramin Bank, Kharka Branch, Sitamarhi through its Branch Manager .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. N.K.Agrawal, Sr.Adv. For the Bank : Mr. Prabhakar Jha For the State : Mr. Ramesh Chandra,A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 16-05-2016 Heard learned counsel for the petitioner, learned counsel for the Bank and learned counsel for the State. The petitioner is apprehending his arrest in a case registered under Sections 406, 409 and 420/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that earlier the petitioner has been extended the benefit of interim protection, subject to the condition that he will deposit a sum of Rs. 1 lac, which he has duly deposited in the Treasury at Sitamarhi vide Challan No. 13/2016-17. Learned counsel for the petitioner has produced a photo copy of the Treasury Challan. Let it be kept on the record. Learned counsel for the petitioner further submits
Patna High Court Cr.Misc. No.11535 of 2016 (3) dt.16-05-2016 2/3 that as per been compulsory retired calculation made by the Bank, the present petitioner, who has already, has been allegedly saddled on his shoulder a total amount around Rs. 2 lacs. He further submits that having already deposited Rs 1 lac in the Treasury, the petitioner is willing to deposit the rest amount, which has been saddled on him for which he is facing prosecution. Considering the offer made by the petitioner, let petitioner deposit a further amount of Rs. 1 lac in the court below, which shall be subject to result of the case. In the event of petitioner's depositing a further amount of Rs.
1 lac and upon verification by the court below, let the petitioner, above named, in the event of his arrest/surrender in the court below within a period of six weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Sitamarhi in connection with Nanpur P.S.Case No. 373 of 2015, subject to the conditions as laid down u/s 438(2) Cr.P.C. It is made clear that the aforementioned order is a conditional order, which shall come into force only after depositing a further amount of Rs.1 lac in the court below. It is also directed that one of the bailors must be his close relative/ father/mother/ brother/spouse.
Patna High Court Cr.Misc. No.11535 of 2016 (3) dt.16-05-2016 3/3 bailor will inform about the movement of the petitioner. It is further directed that the petitioner shall appear before the court below on all dates and shall not absent himself from the Court on two consecutive dates. In case he digresses from the aforementioned direction, it shall be open to the court below to seek appropriate modification of order for cancellation of bail bonds.
(Anjana Mishra, J) singh/- U T