IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17740 of 1998 SMT.SABITA CHATTERJEE W/O LATE RAM MOHAN CHATTERJEE, R/O FLAT NO. 72, ASHOKA PALACE, EXHIBITION ROAD, P.S. GANDHI MAIDAN, DISTT- PATNA……………………………………………………………………………….PETITIONER Versus 1. THE STATE OF BIHAR 2. BRANCH MANAGER/MANAGING DIRECTOR, CHAPRA DISTRICT CO- OPERATIVE BANK LTD, SARAN (CHAPRA). 3. BANKING OMBUDSMAN (LOKPAL)BIHAR, RESERVE BANK OF INDIA, PATNA………………………………………………………………OPPOSITE PARTIES. ----------- 12. 02-Apr-2010 Heard learned counsel for the petitioner and perused the impugned order dated 20.06.1998 passed by learned Chief Judicial Magistrate, Saran at Chapra in Dighwara P.S. Case No. 52 of 1998. 2. By the aforesaid order learned Chief Judicial Magistrate considered the prayer of the petitioner, one of the accused, for release of an amount of Rs. 25,575/- along with interest from Chapra District Central Co-operative Bank Ltd. 3. The order discloses that the learned Chief Judicial Magistrate called for a report from the Managing Director of the Bank and the report dated 26.5.1998 showed that petitioner is named as an accused in the case lodged for offence under Sections 120B/417/420/465/468 of the IPC and copy of the complaint petition filed by the Branch Manager of the Bank which led to institution of FIR disclosed that the offence was committed by a large number of persons who 2 indulged in opening fraudulent accounts to encash dividend warrants issued by the different companies from time to time and after encashment of the warrants they took away the cash and vanished. The total amount of such transaction allegedly amounted to Rs.18,76,936/-. 4. Considering the salient features of the prosecution case, the amount of money involved and the modus operendi , so long as the petitioner is not absolved as a result of investigation or discharged or acquitted from the case, in my opinion, there is no good ground to interfere with the order of the learned Chief Judicial Magistrate. Releasing the money from the account would only create strong opportunity for the accused of such an offence to vanish with the booty. Hence, this application is dismissed. 5. It goes without saying that if the petitioner is absolved from the offence either on account of not being sent up or upon being discharged or acquitted, she can renew her prayer before the court below for release of her money in question and it shall be considered as per law. perwez (Shiva Kirti Singh, J.)