IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45614 of 2008 1. CHAKERDHAR MANDAL, S/o late Narsingh Mandal 2. MYCLE MANDAL @ MAIKAIL KR. MANDAL, S/o Chakerdhar Mandal 3. DHARMA MANDAL @ DHAVAM KR. MANDAL, S/o Chakerdhar Mandal, all resident of village – Simra, P.S. – Tikapatti, District – Purnea. Versus THE STATE OF BIHAR ----------- 3. 9.2.2009 Heard Sri Dharmendra Kumar Singh, Advocate for the petitioners and Sri Dasrath Mehta, APP for the State. The written report contains allegations in two sets. The latter part of the allegation is against the present petitioners, who are alleged to have created a fictitious co- operative society by alluring the innocent farmers. They are alleged to have received deposits of different sums of money. As regards the informant, he alleged that he deposited Rs.20,000/- and 15,000/- at two different times and also got a pass book in receipt of the deposit, but the pass book did not bear any entry about depositing Rs.15,000/-, as claimed by him and when he wanted the money to be refunded, he was threatened to be killed. The contention is that the allegations could not be creating criminal offence and the same could be causes of action for bringing a properly framed suit before a - 2 - competent court of civil jurisdiction. The further contention was that two accused persons Mantu Mandal and Bhola Mandal have been admitted to bail, who were also accused in the same FIR. If one peruses the order passed by a bench of this court in Cr. Misc. No. 46494 of 2008 one could notice that there was a contention that there was absolutely no indication to show that the petitioner was, in fact, associated with the bank. That argument has not been made before me rightly because there was definite allegation that a pass book was also issued after having received the deposits and entry made therein showed that the deposit of Rs. 15,000/- had not been made in his pass book and when the informant wanted the money to be refunded, he was threatened to be killed. Thus, the order appears different from the present facts, considering which, the petition is dismissed. DKS/ (Dharnidhar Jha, J.)