IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1144 of 2009 VED PRAKASH VERMA, S/o Late R.N. Verma, resident of Shashtri Nagar, P.S.- Chitauni, District- East Champaran, at present posted as Deputy Manager, State Bank of India, Harinagar Branch, P.S.- Ramnagar, District- West Champaran. ------ Petitioner Versus 1. THE STATE OF BIHAR. 2. Kishori Lal Jaiswal, S/o Lal Shah, resident of village- Kalibagh, P.S.- Bettiah Sadar, District- West Champaran. ------ Opposite Parties. ----------- 2 3.3.2009 Heard learned Counsel for the petitioner and the counsel appearing on behalf of the State. Petitioner is an accused in a case under Sections 420 and 406 of the Indian Penal Code. The complainant’s father had taken Rs. 5 lacs (5,00,000/-) from the Bank and had deposited certain documents against the mortgaged amount. The State Bank of India had filed Mortgage Suit No. 115 of 2003 and subsequently the loan amount was repaid. It also transpires from the facts that the complainant’s father moved the Consumer Court for return of the documents which were deposited by the three partners against the loan amount. The Consumer Court ordered that the documents should be returned to the complainant’s father. Learned counsel has produced a 2 copy of the letter sent by the Bank Manger explaining that he had not returned the documents as only one of the partners had approached the bank for return of the documents and in fact the Bank required the signature of all the three partners. Learned counsel also submits that the present case has been filed out of malafide intention as it is alleged that the petitioner who was only a Field Officer had gone to the shop of the complainant and had recovered Rs. 3 lacs (Rs. 3,00,000/-) against the loan taken from the complainant’s father. Learned counsel further submits that the Field Officer could not have taken the money from the complaint without the knowledge of his father and it cannot be said that the complaint could have handed over such a huge amount without receipt. Be that as it may, petitioner Ved Prakash Verma is directed to be released on anticipatory bail in the event of his arrest or surrender within a period of six weeks in connection with Complaint Case No. 3 936(C) of 2004 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the Sub-divisional Judicial Magistrate, Bettiah (West Champaran) subject to the conditions laid down under Section 438(2) of the Cr.P.C. A copy of notice dated 23.7.2008 sent by the Bank Manager shall be kept on record. Sanjay (Sheema Ali Khan, J.)