Uday Prasad Tondan And ANR. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33971 of 2016 Arising Out of PS.Case No. -3223 Year- 2012 Thana -EAST CHAMPARAN COMPLAINT DistrictEASTCHAMPARAN (MOTIHARI) ======================================================
1. Uday Prasad Tondan s/o late Jaleshwar Mehta
2. Awadhesh Mehta s/o late Kedar Mehta both are resident of villageBariaria, P.S- Sangrampur, Distt- East Champaran .... .... Petitioners
Versus
1. The State of Bihar
2. Shanti Devi W/o MotiLal Patel, Resident of- Bariaria P.S.- Sangrampur, District East Champaran.
.... .... Opposite Parties ====================================================== Appearance:
For the Petitioner : Mr. Pramod Kumar Pandey For the State : Mr. R.P.Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-09-2016 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 420/ 34 and 409/34 of the Indian Penal Code registered in connection with Trial No. 1445 of 2015, arising out of Complaint Case No. 3223 of 2012.
3. The petitioner nos. 1 and 2, being the Postmaster and another employee of the Postal Department respectively, have been falsely implicated as in fact the amount of recurring deposit has duly been paid to the complainant. On enquiry and examination of finger-print it has been found that the thumb impression acknowledging the receipt of the payment is of the complainant herself. It has accordingly been stated by the Superintendent of Post Offices, Champaran Division, Motihari that upon enquiry, payments have been found to have made to the complainant.
4. Having regard to the entirety of the facts and
Patna High Court Cr.Misc. No.33971 of 2016 (3) dt.01-09-2016 2/2 circumstances, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned J.M., Ist Class, East Champaran at Motihari, in connection with Trial No. 1445 of 2015, arising out of Complaint Case No. 3223 of 2012, subject to the conditions as laid down under Section 438 (2) Cr.P.C .
(Vikash Jain, J) Chandran/BT U T