Patna High CourtCR. MISC./14955/2016rejected

Suman Kant Sinha v. The State Of Bihar

2016-06-29Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14955 of 2016 Arising Out of PS.Case No. -131 Year- 2015 Thana -PALIGANJ District- PATNA ====================================================== Suman Kant Sinha Son of Late Rameshwar Pd. Sinha resident of Mohalla - Saguna, P.S. Danapur, District - Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Praveen Kumar, Advocate. For the Opposite Party/s : Mrs. Asha Devi, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-06-2016 Heard learned counsel for the petitioner, learned A.P.P. and learned counsel appearing for the informant. The petitioner apprehends his arrest in Paliganj P.S. Case No. 131/15 registered under Sections 419, 420, 406, 409, 120(B) of the Indian Penal Code.

The informant alleged that she was working as ANM in the Primary Health Centre, Paliganj. A Clerk of the office informed her that amount of rupees nine lacs was withdrawn from her PF A/C. The informant did not ever apply for withdrawal of amount from her PF A/C. Somebody conspired with the petitioner, who was the Head Clerk in the Primary Health Centre, Paliganj, and applied for withdrawal of amount on her behalf and on behalf of many other employees and withdrew the amount. Learned counsel for the petitioner submits that there is no evidence to show

Patna High Court Cr.Misc. No.14955 of 2016 (4) dt.29-06-2016 2/2 that the petitioner withdrew the amount from the PF A/C of the informant but it appears that the petitioner was the Head Clerk and he is said to be instrumental in filing applications on behalf of different employees for withdrawal of the PF amount and they withdrew huge amount from PF A/C of different employees. Considering the nature of allegation made against the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail in Paliganj P.S. Case No. 131 of 2015. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) Dilip/- U T