Dinesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84228 of 2019 Arising Out of PS. Case No.-257 Year-2019 Thana- CHHATAUNI District- East Champaran ====================================================== DINESH KUMAR Son of Late Chandrika Singh Resident of Village- Dilman Chhapra, P.S.- Kesariya, District- East Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajiv Ranjan For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-07-2020 Heard both sides through Video Conferencing.

The petitioner apprehends his arrest in Chhatauni P.S. Case No.257 of 2019 registered under Sections 406, 420, 470, 471, 472, 469 and 34 of the Indian Penal Code. The informant is own brother of the petitioner. The informant alleged that petitioner forged his signature and opened a loan account in ICICI Bank in the name of the informant and borrows Rs.10 lacs from the Bank in the name of the informant.

The learned counsel for the petitioner submits that the petitioner and the informant opened a joint account. The allegation of forging the signature is false. The loan account is in the name of the petitioner(Dinesh Kumar) and his brother(Ramesh Kumar). The informant also put signature on

Patna High Court CR. MISC. No.84228 of 2019(4) dt.10-07-2020 2/2 the loan application but later on, when dispute arose the informant lodged this false and concocted case. Taking into consideration the facts aforesaid and nature of allegation made against the petitioner and the fact that petitioner is own brother of the informant and joint loan account was opened in the name of the petitioner and his brother but brother of the petitioner, who is the informant of the case, alleged that he did not put his signature in the loan application, let the petitioner, above named, 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 released on bail on furnishing bail bond of Rs.

10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Chhatauni P.S. Case No.257 of 2019(G.R. No.4287 of 2019), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.