Amrendra Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74506 of 2018 Arising Out of PS. Case No.-341 Year-2018 Thana- SHASTRINAGAR District- Patna ====================================================== Amrendra Kumar S/o Sri Anil Kumar Verma, Resident of Mohalla- Babui Tola Town- Bagaha, P.S. Bagaha, District- West Champaran. ... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

Smt. Budhia Devi W/o Late Dhanraj Rai, Resident of Mohalla- Gautam Nagar, Nanta Road, P.S.- Gardanibagh, Town and District- Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Subodh Kumar Sinha, Advocate.

For the Opposite Party/s :

Mr. Pawan Kumar Chaurasiya, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 25-04-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Shastrinagar P.S. Case No.341 of 2018 registered under Sections 406, 420 and 120B/34 of the Indian Penal Code. The accusation is that the informant/opposite party no.2, who is an illiterate lady, approached the Manager and other officials of Corporation Bank, Ashiana Digha Road, Raja Bazar, Patna, for taking the loan. Accordingly, her signature was obtained on several papers for sanctioning the loan but, in spite of that, no loan was sanctioned to her. Thereafter, the informant/opposite party no.2 left to go to the bank. All of

Patna High Court CR. MISC. No.74506 of 2018(5) dt.25-04-2019 2/3 sudden, a notice was handed over to the informant/opposite party no.2 for auction of her landed property, mentioning therein that the loan, as taken by her, has not been paid and to deposit the same at the earliest. It appeared to the informant/opposite party no.2 that the petitioner, being Manager of the Corporation Bank, and its other officials taking the advantage of her signatrue on various papers got sanctioned the loan in her name and misappropriate the loan amount.

Learned counsel for the petitioner submits that, in fact, the petitioner was posted as Manager during the relevant period at Corporation Bank, Raja Bazar, Ashiana Digha Road, Patna, and the loan was sanctioned in favour of Annu Kumari, the daughter of the informant/opposite party no.2, in which the informant/opposite party no.2 was one of the guarantors, and when due to non-payment of the installment of the loan, the notice was sent to the borrower Annu Kumari and the informant/opposite party no.2, then only to put undue pressure upon the petitioner, the informant/opposite party no.2 has lodged the present case.

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

Patna High Court CR. MISC. No.74506 of 2018(5) dt.25-04-2019 3/3 enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Patna, in connection with Shastri Nagar P.S. Case No.341 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T