Nirmal Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51029 of 2016 Arising Out of PS.Case No. -189 Year- 2015 Thana -DHAKA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Nirmal Kumar Son of Ram Keval Pandey R/o Lal Bahadur Shastri Path, Paharpur, Anishabad, Patna, P.S. Gardhnibagh, Patna at Present Branch Manager of Central Co-operative Bank, Bank Road, Motihari, Dhaka. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Motihari Central Co-operative Bank, Motihari through in Managing Director.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kalyan Shankar For the Opposite Party/s : Mr. Sahin Begam For the Bank : Mr. Bindhyachal Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-03-2017 The petitioner is apprehending his arrest in connection with Dhaka P.S. Case No. 189 of 2015, registered for offences punishable under Sections 420, 406, 409, 120(B) of Indian Penal Code.

It appears that in this case, earlier, notice was issued to opposite party no. 3. under both process, and the same was accepted to be validly served upon him on his refusal. It has been submitted on behalf of the petitioner that petitioner has nothing to do with the allegations made as the alleged money has been withdrawn by the complainant and his relatives, in support of this contention, statement of bank account

Patna High Court Cr.Misc. No.51029 of 2016 (4) dt.01-03-2017 2/3 has been annexed with this application, which is annexure -2 series. Moreover, the complainant has already filed a petition stating that he has filed the present under wrong impression and has now compromised the matter with petitioner, which is annexed to the application as annexure - 3 series. Heard learned A.P.P. as well as learned Counsel appearing on behalf of Motihari Central Cooperative Bank Ltd. Having heard both sides, in view of the submissions of learned counsel for the parties and also in view of annexure -2 series, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Sikranha, Dhaka in connection with Dhaka P.S. Case No. 189 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

This is further subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

Patna High Court Cr.Misc. No.51029 of 2016 (4) dt.01-03-2017 3/3 (ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T