Md. Rizwan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16885 of 2017 Arising Out of PS.Case No. -218 Year- 2016 Thana -NATHNAGAR District- BHAGALPUR ====================================================== Md. Rizwan, son of Late Md. Khalil, resident of Champa Nagar, P.S. Nath Nagar, District- Bhagalpur.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Ms. Anita Kumari Singh, Advocate For the Opposite Party/s : Mr. Sri Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-04-2017 Heard learned counsel for the petitioner.

The petitioner is apprehending his arrest in connection with Nath Nagar P.S. Case No. 218 of 2016, registered for offences punishable under Section 406 of the Indian Penal Code.

The allegation against the petitioner is of fraudulent withdrawal of Rs. 89,400/- from the Account of some other person.

It has been submitted on behalf of the petitioner that withdrawal was not intentional rather from the impugned order itself it is clear that there was some default of the Bank in the aforesaid withdrawal. However, the petitioner is ready to return the aforesaid amount, if reasonable time is granted to the

Patna High Court Cr.Misc. No.16885 of 2017 (2) dt.20-04-2017 2/2 petitioner.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts stated above, let the petitioner, above named, surrender before the learned court below and make prayer for regular bail and the court below will release the petitioner on provisional bail with condition that he will deposit the whole amount within a period of three months. If the aforesaid amount is deposited within the aforesaid period and if the court below is satisfied with the same, the provisional bail of the petitioner shall be confirmed. If the money is not so deposited the bail bonds of the petitioner shall be liable to be cancelled.

With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) S.Pandey/- U T