Shruti Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64533 of 2024 Arising Out of PS. Case No.-811 Year-2023 Thana- BIHTA District- Patna ====================================================== Shruti Gupta Daughter of Late Uday Shankar Resident of Flat no. 102, Block B, Garden Apartment, New Patliputra Colony, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raushan, Adv.
For the Opposite Party/s :
Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends her arrest in connection with Bihta P.S. Case No.811 of 2023 registered under Sections 406, 420, 409 and 34 of the Indian Penal Code.
3. As per prosecution case, this petitioner, along with coaccused person, is alleged to have embezzled a total amount of Rs. 22,92,376/- from fixed deposits of customers by creating fake saving accounts and forged signatures.
4. Learned counsel appearing on behalf of the petitioner submits that F.I.R. has been lodged after a delay of around 3 years in relation to the alleged fraudulent withdrawals of 2020, and this petitioner has been roped in this case because at the relevant time, she was working as Branch Manager, State Bank of India, AMY Bihta Branch. However, neither the contents of
Patna High Court CR. MISC. No.64533 of 2024(2) dt.27-09-2024 2/3 the letter dated 09.08.2023 nor the FIR attribute any role to the petitioner, and nothing has been stated regarding the findings or the contents of the internal audit, which is the basis of the FIR against the petitioner. It is next submitted that there is no whisper that the bank received any written complaint from any customer against the said illegal closure of their fixed deposits and subsequently, transfer of funds in forged accounts. It is lastly submitted that petitioner has already been removed from the service vide letter No. DMHUB/EAST/PAT/24-25/476 dated 29.05.2024, so there is no chance of tampering with the evidence and the evidences are mainly documentary in nature. Similarly situated co-accused Neha Singh has already been granted bail by this Court vide order dated 25.06.2024 passed in Cr. Misc. No. 8956 of 2024. Petitioner claims clean antecedents.
5. Learned A.P.P. for the State opposed the prayer for bail of the petitioner.
6. Having considered the fact that petitioner has already been removed from the service and similarly situated co-accused has already been granted bail, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten
Patna High Court CR. MISC. No.64533 of 2024(2) dt.27-09-2024 3/3 Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-III, Danapur, Patna in connection with Bihta P.S. Case No.811 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
(Prabhat Kumar Singh, J) utkarsh/- U T