Mukund Kumar @ Shailendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37450 of 2020 Arising Out of PS. Case No.-982 Year-2018 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== Mukund Kumar @ Shailendra Kumar Son of Panchanand Sharma Resident Of Village- Makhnaha, P.S.- Belsand, District- Sitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sushila Devi Wife of Binod Chaudhary Resident of Village- Bhandari, P.S.- Belsand, District- Sitamarhi.

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

For the Petitioner/s :

Mr.Rajesh Kumar, Adv.

For the Opposite Party/s :

Ms.Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-06-2021 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No.982 of 2018 registered under Sections 406 and 34 of the Indian Penal Code.

The complainant alleged that she deposited altogether Rs.84,000/- in S.B.I., Customer Service Centre, Manchi Makhnaha in her account No.33641224905. The complainant alleged that Devki Nandan runs the Customer Service Centre. Mukund Kumar and Jitendra Mandal are the employees of the Centre. Rajesh Kumar Singh and Bhartendu Kumar Singh are the Conveners of S.B.I., Customer Service Centre, Manchi Makhnaha.

The learned counsel for the petitioner submits that petitioner was simply an employee of the Service Centre and the

Patna High Court CR. MISC. No.37450 of 2020(2) dt.30-06-2021 2/2 complainant did not make any allegation of defalcation or misappropriation of money against the petitioner. It was Convener of the Service Centre who closed the Centre after misappropriating the entire amount. The similar case was lodged against the petitioner vide Belsand P.S. Case No.100 of 2017 under different Sections of the Indian Penal Code and the petitioner has already been granted anticipatory bail in that case. It appears that the petitioner is an employee of S.B.I., Customer Service Centre, Manchi Makhnaha branch but Devki Nandan is the Convener of the Customer Service Centre who is responsible for the closure of the Customer Service Centre and misappropriation of the entire amount.

Taking into consideration the facts aforesaid, let the petitioner, above named, in the event of his arrest or surrender within a period of four weeks 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 the learned A.C.J.M. V, Sitamarhi in connection with Complaint Case No.982 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Saurabh/- (Prabhat Kumar Jha, J) U T