Chhathu Sah @ Chhathu Lal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6964 of 2021 Arising Out of PS. Case No.-146 Year-2018 Thana- KATIHAR NAGAR District- Katihar ====================================================== CHHATHU SAH @ CHHATHU LAL SAH Son of Late Manna Lal Sah Resident of Village- Sakraili, P.O.- Semapur, P.S.- Barari, District- Katihar. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ratnakar Ambastha For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 25-02-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner apprehends his arrest for the offences alleged under Sections 406, 420, 384, 506 and 120(B) read with Section 34 of the Indian Penal Code, registered in connection with Katihar Town P.S.Case No. 146 of 2018. The learned counsel for the petitioner has submitted that it is purely a case of civil nature, as the informant claimed salary from the present petitioner who was the trustee of the hospital.

Patna High Court CR. MISC. No.6964 of 2021(8) dt.25-02-2022 2/3 The complainant is Dr. D.N.Sah, in his complaint, has mentioned that he was providing his services as Doctor in "Foundation Life for all" and the present petitioner Chhathu Sah @ Chhatu Lal Sah, who was the Managing Head of the said hospital, agreed to provide him salary at the rate of Rs.40,000/- per month. He has given description of the amount which he received as salary by different cheques and lastly the complainant has stated that Rs. 4,23,500/- was misappropriated by the petitioner.

The learned counsel for the petitioner has further submitted that there is no question of misappropriation. He was the trustee of that Society which runs the hospital, but now he has been removed from the post of trusteeship. It appears nothing but a dispute of civil nature, as the salary of the complainant is due to be paid by the hospital/ Trust.

Considering the above facts and circumstances, let the petitioner above-named, in the event of his arrest or surrender within four weeks from the date of communication of this order, 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 learned Chief Judicial Magistrate, Katihar in

Patna High Court CR. MISC. No.6964 of 2021(8) dt.25-02-2022 3/3 connection with Katihar Town P.S.Case No.146 of 2018, subject to the conditions as laid down under Section 438(2) Cr. P.C. Office shall ensure that all defects are removed by the petitioner within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T