Dilip Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23779 of 2015 Arising Out of PS.Case No. -793 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Dilip Kumar S/o Late Sukhdeo Prasad R/m - Sakri Gali, P.O. Guljarbagh, P.S. Alamganj, Distt. - Patna at Present Secretary of Bank Karamchari Swablambi, Sahkari Samiti Ltd. head office Mohalla Sakri Gali, P.O. Guljarbagh, P.S. Alamganj, Distt. - Patna .... .... Petitioner/s

Versus

1. The State of Bihar

2. Arun Kumar Razak S/o Late Ramjee Razak R/v - Swablambi Residency, Block - D, Second Floor, Daudbigha, P.S. Agam Kuan, Distt. - Patna at present Suspended Assistant Manager, retail ( Real ) Estate Branch, Central Bank of India, Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar Sinha, Adv. For the Opposite Party/s : Mr. Dilip Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-12-2015 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No. 793(C)/2013, registered for the offences punishable under Section 406, 420, 120B and other sections of the Indian Penal Code.

The complainant made allegation that the petitioner being Secretary of Central Bank Cooperative Society Ltd., and others defalcated huge amount and acquired properties in different names.

It is submitted that neither the petitioner nor any member

Patna High Court Cr.Misc. No.23779 of 2015 (5) dt.08-12-2015 2/2 of the Cooperative Society has misappropriated even a single farthing. The property was acquired in the name of society for the welfare of the children of the members of the society. Notice was issued to the complainant, but he did not appear.

It is submitted that the Cooperative Society file returns each and every year before the Registrar of Cooperative Societies, State Government of Bihar.

It is submitted that the petitioner met with an accident and he is hospitalized.

Considering the facts aforesaid, the petitioner, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of this order, is directed to be enlarged 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 Sub-divisional Judicial Magistrate, Patna City in connection with Complaint Case No. 793(C)/2013, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Jha, J.) Vinita/- U T