Dipak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23109 of 2024 Arising Out of PS. Case No.-308 Year-2023 Thana- MADHEPUR District- Madhubani ====================================================== DIPAK KUMAR SON OF LATE NAGENDRA SINGH R/O-ORHANPUR, P.S.-MUFFASSIL, DISTT.-NAWADA ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rakesh Kumar Samrendra,Adv.
For the Opposite Party/s :
Mr.Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case in connection with Madhepur P.S. Case No. 308 of 2023 dated 04.12.2023 registered for the offence/s punishable u/ss 406, 420 and 409 of the Indian Penal Code.
3. As per the prosecution case, during an internal audit of the branch, it was found that the petitioner committed a fraud of Rs. 1,58,717. As, on 25.07.2022, Rambagh Chowk branch of the North Bihar Gramin Bank received Rs. 8,15,479/- as insurance claim against different KCC loan accounts (Agriculture Insurance Company ltd). On 29.07.2022, out of the said amount, Rs. 6,56,762/- was deposited in different accounts
Patna High Court CR. MISC. No.23109 of 2024(2) dt.01-04-2024 2/3 of the beneficiaries. The petitioner deposited the remaining amount of Rs. 1,58,717/- in his account instead of depositing it in the beneficiaries' account.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the petitioner committed unintentionally due to his mental disturbance of the road accident of his father. The petitioner was unaware of the said transaction as the HDFC bank A/c of the petitioner was operated by his wife even the petitioner did not receive SMS from the HDFC bank regarding the deposit of the said amount. It is further submitted that when the petitioner came to know about the said mistake while verifying the vouchers of the branch then he immediately on the same day deposited the said amount in the office account of the bank and this fact has been certified by the Internal Auditor of the bank vide his letter dated 29.08.2023 addressed to the Chief Manager, Principal officer, North Bihar Gramin Bank, Muzaffarpur. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.23109 of 2024(2) dt.01-04-2024 3/3 of the case as well as the material available on the record, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Jhanjharpur, Madhubani in connection with Madhepur P.S. Case No. 308 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T