Ravi Chauhan @ Ravi Bhushan Chauhan v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22290 of 2018 Arising Out of PS.Case No. -344 Year- 2016 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ====================================================== Ravi Chauhan @ Ravi Bhushan Chauhan, son of Sushil Kumar Chauhan, Branch Manager, Uttar Bihar Gramin Bank, Sisai, P.S. Bhorey, Distt. Gopalganj. Resident of village Duhowar, P.S. Mohanpur, Distt. Gaya. .... .... Petitioner/s
Versus
1. The State of Bihar
2. Lakhichand Ram, son of Awadh Bihari Ram, resident of village Sisai Harihar Chapar, P.S. Bhorey, Distt. Gopalganj. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Lokesh Kumar Singh, Advocate. For the complainant : Mr. Nityanand Mishra, Advocate. For the Opposite Party/s : Smt. Renuka Ratnakar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-07-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Complaint Case No. 344 of 2016/26 of 2016, Trial No. 614 of 2017 instituted for the offence under Sections 420 and 504 of the Indian Penal Code.
In the written report it is alleged that informant took facility of KCC loan of Rs.25,000/- from Uttar Bihar Gramin Bank, Sisai. The complainant got job at Doha Qatar. He shifted to Doha on 11.02.2016. After doing job, the informant returned back on 9.11.2014. The complainant went to Bank for taking money of KCC loan account but cashier informed him that only Rs.10,000/-
Patna High Court Cr.Misc. No.22290 of 2018 (4) dt.11-07-2018 2/3 has been left and Rs.15,000/- has been withdrawn from his account.
Learned counsel for the petitioner has submitted that money has been withdrawn on the basis of withdrawal form which has been duly signed by the informant. Xerox copy of withdrawal form has been enclosed as Annexure-2. Counsel for the opposite party No. 2 has however denied the signature on the aforesaid withdrawal form.
This Court is of the view that genuineness of signature can only be determined during trial. At this stage, Annexure-2 shows that withdrawal form bears signature of the informant. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Complaint Case No. 344 of 2016/26 of 2016, Trial No. 614 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial MagistrateXII, Gopalganj, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the
Patna High Court Cr.Misc. No.22290 of 2018 (4) dt.11-07-2018 3/3 jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(Sanjay Priya, J) S.Ali/- Rohit Kr.
U T