Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38635 of 2022 Arising Out of PS. Case No.-461 Year-2022 Thana- NAWADA District- Nawada ====================================================== RAHUL KUMAR S/o Anil Kumar Singh Resident of Village- Ratoi, P.O.- Mandra, P.S.- Roh, District- Nawada.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Minta Devi W/o Late Birendra Kumar Resident of Badalpur, P.O.- Gowasa, P.S.- Narhat, District- Nawada.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jagjit Roshan For the Opposite Party/s :

Mr.Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 20-06-2023 This application has been filed for quashing the F.I.R. of Nawada Town P.S. Case No. 461 of 2022 instituted under Section 406, 420 of Indian Penal Code pending in the court of learned Chief Judicial Magistrate, Nawada. Heard the learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party no. 2.

As per the F.I.R., it is alleged that the petitioner who is the cousin son-in-law of the informant has withdrawn an amount of Rupees 40,00,000/- from the account of the informant in connivance with the manager of the bank. Considering the law laid down by the Hon'ble Supreme Court in the case of Neeharika Infrastructure pvt Ltd. V. State of Maharshtra and others (2020) 10 SCC 118, I am not

Patna High Court CR. MISC. No.38635 of 2022(2) dt.20-06-2023 2/2 inclined to quash the F.I.R.

Accordingly, this application is dismissed.

(Sandeep Kumar, J) Shishir/- U T