Md Jamaluddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34811 of 2020 Arising Out of PS. Case No.-259 Year-2010 Thana- SAHARSA District- Saharsa ====================================================== MD. JAMALUDDIN Son of Ganimat Hussain Resident of Village - Ward No.22, Supaul, P.S.- Supaul, Distt.- Supaul.

... ... Petitioner.

Versus

THE STATE OF BIHAR ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Kanchan Kumar Singh, Advocate.

For the State :

Mr. Lakshmi Kant Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 26-03-2021 As prayed for, let the learned counsel for the petitioner remove the defect(s), as pointed out by the office vide its notes dated 14.12.2020, within four weeks of starting of the Court proceeding in physical mode in normal course. Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Saharsa P.S. Case No.259 of 2010 registered under Sections 406, 409, 420 and 120B of the Indian Penal Code. The accusation is that the complainant/informant Dropadi Devi being the employee of the Central Bank of India on the persuasion of the other employees opened Fixed Deposit Account No.11/918 by depositing Rs.69974/- and also deposited

Patna High Court CR. MISC. No.34811 of 2020(2) dt.26-03-2021 2/3 Rs.62977/- by opening Fixed Deposit Account No.11/919 in the name of her daughter but, on their maturity, the amount was not paid to the complainant/informant in spite of much persuasion. Learned counsel for the petitioner submits that, in fact, the petitioner is the employee of the Central Bank of India and he is also the Office Superintendent of the Central Bank Employees Savings and Cooperative Societies, in which the complainant/informant deposited the amount under Fixed Deposit Scheme. The payment of the amount could not be made to the complainant/informant in time due to restriction imposed by the Registrar, Cooperative Societies with respect to non-payment of the money.

Later on, the amount was paid to the complainant/informant and she has also stated in affidavit that the total amount has been received by her and not a single penny is due, which would appear from the impugned order dated 29.10.2018 passed by the Sessions Judge, Saharsa, in ABA No.848 of 2018, rejecting the prayer of the petitioner and others to grant them the privilege of pre-arrest bail. Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.

Patna High Court CR. MISC. No.34811 of 2020(2) dt.26-03-2021 3/3 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa, in connection with Saharsa P.S. Case No.259 of 2010, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T