Patna High CourtCR. MISC./7962/2017rejected

Ashutosh @ Ashutosh Kumar v. The State Of Bihar

2017-03-06Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.7962 of 2017 (3) dt.06-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7962 of 2017 Arising Out of PS.Case No. -246 Year- 2016 Thana -NASRIGANJ District- SASARAM (ROHTAS) ====================================================== Ashutosh @ Ashutosh Kumar, Son of Shailesh Kumar, Resident of village - Hariharpur, Police Station Karakat, District - Rohtas, at Present Accountant, Primary Health Center, Nasriganj, District - Rohtas .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ramashray Roy For the Opposite Party/s : Mr. Smt. Indu Bala Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends his arrest in connection with Nasriganj P.S. Case No. 246 of 2016 registered for the offences punishable under Sections 467, 468, 408, 406, 420/34 of the Indian Penal Code.

Allegedly, one cheque in the name of Rita Devi amounting to Rs. 50,000/- after making forge signature of Medical Officer and Health Manager was issued and that Rita Devi got transferred the amount in her account though no cheque was signed by the informant or Health Manager. However, the Bank Officers at once re-transferred that amount from the account of Rita Devi to the account of Primary Health Centre, Nasriganj and the petitioner was the incahrge of the said cheque book.

Patna High Court Cr.Misc. No.7962 of 2017 (3) dt.06-03-2017 Submission is of false implication and that the petitioner was not the custodian of that cheque book, he has not taken charge, Rita Devi has not stated that the petitioner has given cheque to her, she has stated that the said cheque was found falling near hand pump of Health Centre and then she had deposited the same in her account and as such the petitioner deserves sympathetic consideration.

Learned APP opposes the prayer of pre-arrest bail. In the facts and circumstances stated above, considering the allegation attributed against the petitioner, I am not inclined to grant privilege of pre-arrest bail to the petitioner, accordingly, his such prayer stands rejected.

(Jitendra Mohan Sharma, J) avin/- U T