Sanjeev Kumar @ Raja And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40458 of 2014 Arising Out of PS.Case No. -21 Year- 2014 Thana -PATORI District- SAMASTIPUR ======================================================

1. Sanjeev Kumar @ Raja

2. Ganesh Paswan Both sons of Baleshwar Paswan

3. Lalu Paswan @ Laldeo Paswan Son of Late Gangdhari Paswan All Resident of Village-Baghara, P.S.-Patori (Mohanpur O.P.), DistrictSamastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhananjay Kumar, Advocate. For the Opposite Party/s : Mr. Nityanand Tiwary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 25-03-2015 Heard both sides.

The petitioners apprehend their arrest in Patori (Mohanpur) P.S. Case No. 21 of 2014, registered for the offences punishable under Section 420 and other Sections of the Indian Penal Code.

The informant alleged that she had gone to the A.T.M. counter for withdrawing money, but Sanjeev Kumar @ Raja the petitioner no. 1 asked her that she would not be able to withdraw money. On enquiry, it transpired that the entire amount from the S.B.I. A/C No. 31355481713 of her husband had already been withdrawn. It is alleged that the petitioner no. 1 happens to be her brother-in-law came to her house and he might have changed the

Patna High Court Cr.Misc. No.40458 of 2014 (2) dt.25-03-2015 2/2 A.T.M. The bank officials disclosed that the A.T.M. card was of Gauri Shankar Rai. It has further been submitted that there is no material to show that the petitioner withdrew the amount from the account of the husband of the informant.

It appears that the informant only suspected that the petitioner might have changed the A.T.M. card of the informant standing in the name of her husband. Even the CCTV camera could not identify the petitioner as the person who withdrew money from the account of the husband of the informant. Considering the facts aforesaid, the petitioners above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Samastipur in connection with Patori (Mohanpur) P.S. Case No. 21 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) KKSINHA/- U T