IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47210 of 2008 MEERA DEVI WIFE OF SHIV PRASAD LAL, RESIDENT OF VILLAGE- BELWA, POLICE STATION- KATIHAR (M), DISTRICT- KATIHAR. Versus 1. THE STATE OF BIHAR 2. AMRENDRA KUMAR, SON OF LATE AYODHIYA PRASAD, RESIDENT OF VILLAGE BINODPUR, POLICE STATION- KATIHAR TOWN, DISTRICT- KATIHAR, THE THEN BRANCH MANAGER, PUNJAB NATIONAL BANK, MAIN BRANCH, KATIHAR. For the petitioner : Mr. Chandra Mohan Jha, Advocate For the State : Mr. Jharkhandi Upadhyay, APP ----------- 2 16.07.2010 Heard both sides. Petitioner is the complainant. He seeks cancellation of bail granted to O.P. no. 2 who is a Senior Branch Manager of a bank and are facing accusation/charges punishable under Sections 420 and 406 IPC. Learned counsel for the petitioner draws attention of this Court to paragraph 5 where the following observations have been made by the learned court below while granting anticipatory bail: “…I would like to mention after going through the materials available on the record that the ingredient of section 420 and 406 IPC are not applicable at all in this case and the learned lower court inspite of that had taken cognizance against the petitioner. If such things prevailed without applying judicial mind the faith of common people in justice delivery system will certainly be shattered and individual will lost hope in our judiciary….” It is his contention that this finding was uncalled for and the same shall prejudice her case. Having heard learned counsel for the petitioner, this 2 court disposes of the present application with an observation that the aforesaid observation/finding of the learned Sessions Judge, Katihar quoted hereinabove shall not, in any manner, prejudice the case of the petitioner at the trial. The petitioner has to demonstrate by adequate evidence at the trial the sustainability of the charge(s). The complainant shall sink or swim on the strength of evidence that she will lay before the court in course of trial With this observation, this application is disposed of. pkj ( Kishore K. Mandal, J. )