Manju Devi And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8838 of 2016 Arising Out of PS.Case No. -32 Year- 2015 Thana -RAMGARH District- BHABHUA (KAIMUR) ======================================================
1. Manju Devi W/o Birbal Singh,
2. Smt. Kriti Kumari Singh @ Kriti Kumari, D/o Birbal Singh, Both are resident of village - Daharak, P.S. - Ramgarh, District - kaimur (Bhabua).
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rakesh Singh, Advocate For the Opposite Party/s : Mr. Raj Ballabh Singh(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 12-05-2016 Heard learned counsel for the petitioners, learned APP for the State as also learned counsel appearing on behalf of the informant.
Petitioners apprehend arrest in connection with Ramgarh P.S. Case No. 32/15 for offences alleged under Sections 420, 467, 468, 471, 120-B of the Indian Penal Code. The prosecution case, as lodged by the informant, is that when she along with the present Secretary went to Punjab National Bank, Gorasara, Ramgarh to submit the application for changing the name in the account of the said Society and giving their specimen signatures to the Bank, she was informed that an amount of Rs. 6,90,000/- from the account of the Society had been
Patna High Court Cr.Misc. No.8838 of 2016 (3) dt.12-05-2016 2/3 withdrawn leaving only Rs. 1,360/- in the said account. After enquiry, the earlier Administrator, namely, Harendra Prasad Rai reported that the former Secretary (petitioner no. 1) and her daughter, petitioner no. 2 had withdrawn the said amount by putting forged signature of earlier Administrator. It has been submitted by the learned counsel for the petitioners that they are innocent having no criminal antecedent and being the Ex-President and Secretary have falsely been implicated by new President of the Dairy Product Corporate Committee Ltd., Chakkupur (Dahrak), Ramgarh. He further submits that although the allegation of forged signature of ExAdministrator Harendra Prasad Rai is alleged to be between 26.09.2014 to 10.01.
2015, but no complaint was lodged by the ExAdministrator earlier. It has further been submitted that although the informant joined the office as Secretary of the said Diary Committee on 20.09.2014, the said forgery was detected on 15.01.2015 and First Information Report has been lodged on 11.02.2015 after inordinate delay. It has further been submitted that the Branch Manager, against whom connivance was alleged, has since been granted the privilege of anticipatory bail by a coordinate Bench of this Court in Cr. Misc. No. 25835 of 2015 on 22.09.2015.
Patna High Court Cr.Misc. No.8838 of 2016 (3) dt.12-05-2016 3/3 Learned APP for the State points out that in the entire case diary signature of Ex-Administrator has been found to be genuine.
However, leaned counsel for the informant submits that the petitioners along with Ex-Administrator also conspired.
Under the facts and circumstances stated above, let petitioners, above named, in the event of their arrest or surrender before the court below within a period of eight weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate, Kaimur at Bhabua, in connection with Ramgarh P.S. Case No. 32/15, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Nilu Agrawal, J.) Rajesh/- U T