Binita Kumari And ANR v. The Punjab National Bank And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8499 of 2016 ===========================================================

1. Binita Kumari wife of Rakesh Kumar, resident of village Paindapur, Police Station Rahui, District Nalanda

2. Kanchan Devi wife of Prem Ranjan Kumar, resident of village Lal Bigha, Police Station Kashichak, District Nawada .... .... Petitioner/s

Versus

1. The Punjab National Bank through the Zonal Manager, Patna Head Office, Patna

2. The Branch Manager, Punjab National Bank, Branch at Bhaganbigha, District Nalanda

3. The Branch Manager, Punjab National Bank Branch at Katrisarai, Nalanda .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar, Adv. For the Respondent/s : Mr. Kumar Priya Ranjan, Adv. =========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 05-07-2016 Heard learned counsel for the parties.

The saving bank accounts of the petitioners have been frozen by the respondent bank upon discovery of certain money transfers which are said to be illegal. Although facts pleaded disclose that money transfer has taken place from the account of one Prem Kumar into the account of the petitioner No.1 and thereafter in the account of petitioner No.2 but it is alleged that none of them have raised any objection to such money transfer from the account of Prem Kumar. On receiving some complaints from the State Bank of India, an enquiry has initiated by the Bank in which the petitioners have been noticed but it is stated that they are not cooperating in the investigation. It is because the petitioners have neither raised

Patna High Court CWJC No.8499 of 2016 dt.05-07-2016 2/2 objection to the transfer made in their respective accounts and according to Bank counsel are also not cooperating in the enquiry that their saving bank accounts have been frozen and F.I.R. has also been instituted on this account.

Let the petitioners present themselves before the Branch Manager on Monday i.e. 11.07.2016 and file their reply and when he shall proceed to conclude the enquiry and pass appropriate order in respect of de-freezing their saving bank account (s) upon such terms and conditions as deem, fit and proper.

Since it is not the entire money in the saving bank account(s) in question which is put under cloud as canvassed by Mr. Sanjay Kumar learned counsel for the petitioner who also submits that there is a marriage in the family of the petitioners, hence the Branch Manager shall consider the request of the petitioners of making the bank accounts in question operational on such terms and conditions including furnishing of such collateral security, as deem fit and proper.

The writ petition is disposed of with the stipulation above. Bibhash/- (Jyoti Saran, J) NAFR CAV DATE Uploading Date 06-07-2016 Transmission Date