IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33958 of 2009 SHIV NATH PANDIT son of GULAB CHAND PANDIT, RESIDENT OF VILLAGE DURGAULI, P.S. MASHRAKH, DISTRICT SARAN AT CHAPRA. Versus STATE OF BIHAR . ----------- 2 30.11.2009 Heard learned counsels for the petitioner, the complainant and the State. The offence alleged is under sections 420, 467, 468, 471/34 of the Indian Penal Code. It has been submitted on behalf of the petitioner that the petitioner, who was the introducer of opening the bank account in favour of the father of the complainant, has been implicated in this case on the allegation that the bank had handed over the pass-book of the concerned bank account to this petitioner and the allegation of withdrawing money by the petitioner allegedly in collusion with the bank officials, which is absolutely baseless. Learned counsel appearing for the complainant submits that the father of the complainant had opened the bank account and deposited the bank draft of Rs. 2 lakhs from which this petitioner in collusion with the Branch Manager has withdrawn the money. It is further submitted that although the complainant complained against the above withdrawal with the higher officials of the bank, but no action has been taken and not only this the concerned Branch Manager did not take any action on receiving the said complain of wrongful withdrawal. However, he is not in position to say as to whether the complainant has filed any civil suit for recovery of the money. He further submits that the forensic science laboratory has sent the report to the effect that the signature on the withdrawal form does not tally with the specimen signature. In the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Ashutosh Kumar, Judicial Magistrate, Ist Class, Saran at Chapra in Complaint Case No. 3143 of 2007 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- (Shailesh Kumar Sinha,J.)