Ramesh Chandra Chaubey @ R. C. Chaubey @ R. Chaubey v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44294 of 2016 Arising Out of PS.Case No. -1785 Year- 2015 Thana -WEST CHAMPARAN COMPLAINT District- WESTCHAMPARAN(BETTIAH) ====================================================== Ramesh Chandra Chaubey @ R. C. Chaubey @ R. Chaubey, Son of Late Badrai Nath Choubey, Resident of Mohalla- Mogalpura Kath Ka Pool, P.S.- Khajekala, District- Patna. At present Branch Manager, UCO Bank, Bettiah Branch, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar Pandey, Advocate. For the Opposite Party/s : Mr. Sri Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-10-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 1785(C) of 2015 registered under Sections 406 and 504 of the Indian Penal Code.

The allegation of complainant is that on 17.11.2014 a notice was issued by the Authorised Officer, UCO Bank, to deposit due amount of Rs.4,21,817/- within sixty days and on depositing the same, "no dues certificate" and "original deed" will be returned. Accordingly, complainant deposited Rs.1,06,000/- on 18.12.2014 and Rs.1,95,000/- on 20.12.2014 and further complainant made request to the accused persons for some more

time to deposit the remaining amount Rs.1,20,817/-, on which, petitioner, Branch Manager, UCO Bank, Bettia Branch, granted time till 31.03.2015 to deposit the remaining amount and later on, he deposited on 16.03.2015. Thereafter, he approached the petitioner for issuing no dues certificate and for returning the original deed but the same was not returned and further demand of Rs.53,050/- was made under conspiracy.

Learned counsel for the petitioner submits that admittedly, the petitioner is Branch Manager of UCO Bank, Bettiah Branch and he joined there on 23.09.2015. It is further submitted that, in fact, on 13.08.2014, a notice was issued to the complainant to deposit due amount of Rs. Rs.4,21,817/- as on 30.06.2014 along with future interest on the contractual rate together with incidental expenses and other charges within sixty days. As such, Rs.53,050/- was demanded by the Banck as future interest and other charges but due to ulterior motive the petitioner has falsely been implicated in this case.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each

to the satisfaction of the Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Complaint Case No. 1785C of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T