IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34328 of 2011 ====================================================== Kamla Kant Jha son of Late Adhik Lal Jha, resident of village- Pourana, P.O. and P.S. Hayaghat, District- Darbhanga, Branch Manager, Central Bank of India, Madhurapur, P.S. Kalyanpur, District- Samastipur. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : M/s Bhavesh Kumar with Shambhu Nath Jha, Advocates. For the Opposite Party/s : Mr. Sanjay Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 2 12-10-2011 Heard the parties. The petitioner apprehends his arrest in a criminal prosecution, based on a complaint petition, in which cognizance has been taken for offences under Sections 323, 504, 341 and 406 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner happens to be the Branch Manager of the Bank in question and he is at the verge of retirement. He further submits that according to the complaint petition itself, Rs. 5000/- only was allegedly withdrawn from the account of the complainant on 21.03.2009 and for that the petitioner cannot be held responsible. According to the submission of the learned counsel for the petitioner, no case under Section 406 of the Indian Penal Code is made out against the petitioner and the other offences are either minor or bailable. However, he submits that the petitioner is prepared to deposit Rs. 5000/- in the court provided his defence is not adversely affected in the criminal trial. Patna High Court Cr.Misc. No.34328 of 2011 (2) dt.12-10-2011 2 Taking into consideration the entire facts and circumstances of the case, in the event of his arrest or surrender in the court below within four weeks from today, the above named petitioner shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur in connection with Complaint Case No. 153 of 2010 subject to the conditions laid down under Section 438(2) Cr. P.C. and subject to the further following conditions that: (A) the petitioner shall deposit Rs. 5000/- (Rs. Five thousand) either in cash or by any other means as directed by the learned trial court which shall be subject to result of the criminal trial of the petitioner, (B) One of the bailors must be government servant or close family members of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner, (C) if the petitioner is found involved in same and similar nature of cases in future, then in that case the informant/ prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned and (D) the petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his Patna High Court Cr.Misc. No.34328 of 2011 (2) dt.12-10-2011 3 lawyer on each and every dates, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bonds of the petitioner. BTiwary/- (Birendra Prasad Verma, J)