Budh Deo Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31786 of 2021 Arising Out of PS. Case No.-2144 Year-2019 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== BUDH DEO MISHRA S/O BRHAMDEO MISHRA Present posted as Branch Manager, HDFC Bank Limited, Kutchery Road, P.S.- Nagar Thana, DistrictBegusarai, Bihar- 851105 ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Nisha Kumari W/o Gopal Mahto R/o Lohianagar, Ward No. 28, P.S.- Barauni, Begusarai, Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dayanand Singh For the Opposite Party/s :

Mr.Shailendra Kumar Singh Mr. Digamber Kumar Singh Mr. Sanjeev Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 21-03-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard Mr. Rana Vikram Singh, the learned counsel for the petitioner as well as the learned counsel for the informant.

The petitioner apprehends his arrest for the offences alleged under Sections 420 and 406 of the Indian Penal Code, registered in connection with Complaint Case No. 2144(c) of 2019.

Patna High Court CR. MISC. No.31786 of 2021(3) dt.21-03-2022 2/3 The petitioner is the Branch Manager of the HDFC Bank, Begusarai. The complainant had taken a credit card on her account. As per allegation, she did a solitary transaction of purchase of Rs. 2000/-, but she found that Rs. 1,00,000/- has been withdrawn from her account. When the matter was complained to the petitioner, he said the complainant that either she has withdrawn the money or she has purchased some articles online.

The learned counsel for the petitioner has submitted that the complainant is an employee of civil court and she is getting the benefit of her position. The petitioner is merely a Bank Manager and the credit card was issued from his Branch and he has falsely been implicated in this case. By drawing my attention towards Annexure-2 series at page 64, he has submitted that the details of the account statement of the complainant itself show that there was total dues of Rs. 40,725.00 against the account of the complainant. When the Bank started demanding the dues, the petitioner was implicated in this case.

Considering the above facts and circumstances, let the petitioner above-named, in the event of his arrest or surrender within four weeks from the date of communication of this order,

Patna High Court CR. MISC. No.31786 of 2021(3) dt.21-03-2022 3/3 be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Mr. Rajeev Ranjan, learned Judicial Magistrate, 1st Class, Begusarai in connection with Complainant Case No.2144 (c) of 2019, subject to the conditions as laid down under Section 438(2) Cr. P.C.

Office shall ensure that all defects are removed by the petitioner within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T