Nawal Kishore Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24746 of 2016 Arising Out of PS.Case No. -173 Year- 2014 Thana -PAKRIDAYAL District- EAST CHAMPARAN (MOTIHARI) ====================================================== Nawal Kishore Sah, Son of Bhairo Sah, Resident of Village - Sishani, PS Pakarideyal, District East Champaran.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Abhishek Kumar, Advocate. For the Opposite Party/s : Mr. Nitya Nand Tiwary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-08-2016 Heard both sides.
The petitioner apprehends his arrest in Pakarideyal P.S. Case No. 173/2014 registered under Sections 409, 420, 467, 471, 120B of the Indian Penal Code.
The informant filed a complaint case on the basis of which the present FIR is lodged. The informant alleged that the petitioner got an account opened in the State Bank of India. The petitioner used to withdraw money from the account of the informant after filling the withdrawal form. It is submitted that the informant alleged that the petitioner was withdrawing money from the account of the informant since 2011 till 2014 but the informant had not stated that how much amount was withdrawn from her account. The account holder can only withdraw the amount from his/her account on the withdrawal form. The petitioner is not the
Patna High Court Cr.Misc. No.24746 of 2016 (3) dt.11-08-2016 2/2 bearer of the withdrawal form. There is nothing on the record to show that the petitioner withdrew any amount from the account of the informant.
Considering the facts aforesaid, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran in Pakarideyal P.S. Case No. 173/2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Dilip/- U T