Manish Kumar Baranwal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67175 of 2019 Arising Out of PS. Case No.-278 Year-2019 Thana- LAHERIMUHALLA District- Nalanda ====================================================== Manish Kumar Baranwal, Aged about 40 years, Male, Son of Late Dineshwar Modi, Permanent Resident at Village, P.O. and P.S.-Danwar, District-Giridih, (Jharkhand) At Present posted as a Chief Manager, State Bank of India, Agricultural Development Branch, Ramchandrapur, P.S-Laheri, Biharsharif, District-Nalanda (Bihar).

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Binod Bihari Sinha For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-10-2019 Heard both sides.

The petitioner apprehends his arrest in Laheri P.S. Case No.278 of 2019, registered under Sections 467, 468, 471, 420, 406, 363 and 34 of the Indian Penal Code.

The informant alleged that there is a joint account bearing Khata No.20391223851 in the name of her and her husband. The entire retiral amount was deposited in the account. The informant went to the bank on 06.07.2019 to update the account but she became surprised to know that on 29.06.2019 through cheque bearing no.315065, Rs.3,10,000/- was withdrawn from her account. The Manager of the SBI Branch, namely, Manish Kumar Baranwal, the petitioner called him on 06.07.2019 with cheque book and it was found that the money was withdrawn from cheque but her signature

Patna High Court CR. MISC. No.67175 of 2019(2) dt.24-10-2019 2/2 was not tallied.

Learned counsel for the petitioner submits that the husband of the informant put his signature along with the signature of his wife on cheque no.315065 and withdrew Rs.3,10,000/-. The informant made false allegation of impersonation and forging the signature of the informant. The husband of the informant made statement under Section 164 Cr.P.C. and he disclosed that he withdrew Rs.3,10,000/- from the account of his bank after putting signatures on the cheque.

Taking into consideration the facts that the husband of the informant himself admitted the withdrawal of Rs.3,10,000/- by him through cheque no.315065, let petitioner, above named, who is the Branch Manager of the Bank, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Nalanda at Biharsharif in connection with Laheri P.S. Case No.278 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) S.KUMAR/- U T