IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.48693 of 2008 BALINDRA KUMAR TIWARI s/o late Paras Nath Tiwari, resident of village- Malda, P.S. Shikarpur, District- West Champaran, at present- Shivganj Ward no.7, P.S. Shikarpur, District-West Champaran. Versus STATE OF BIHAR ----------- 3 11.9.09 Petitioner apprehends his arrest in Shikarpur P.S.Case no. 244 of 2008 instituted under Sections 406, 420 and 467 IPC. The case has been instituted on basis of a latter of Branch Manager, Central Bank of India, Shikarpur to the police. It is stated that the petitioner’s father had a pension account with the Bank. Petitioner was a nominee in that account. Consequent to death of the petitioner’s father on 6.5.2008, petitioner gave an intimation to the Bank on 10.7.08 that his father had died and as such his account be closed and the balance be paid to him. Petitioner then pointed out that his father having died on 6.5.08 and the account being not a joint account, some one had fraudulently withdrawn from the said account a sum of Rs. 20,000/- on 15.5.2008 and a sum of Rs. 12,000/- on 9.6.2008. Bank Manager informed the police that he suspects the petitioner having done it. On behalf of the petitioner, it is submitted that withdrawals are by withdrawal slips and if the petitioner had withdrawn the money with the help of withdrawal slips then Bank Manager ought to have appended the withdrawal slips. It is not understood why petitioner would make fraudulent withdrawal because the petitioner was a nominee and whole money comes to him in any case. It is submitted - 2 - that some one in the Bank had committed fraudulent withdrawal and just to save the skin, the Manager has lodged such a case. Be that as it may, in the event of his arrest/surrender, within four weeks from today, above named petitioner shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Bettiah, West Champaran, in Shikarpur P.S.Case no. 244/08, subject to the conditions, as laid down u/s 438(2) Cr.P.C. singh (Navaniti Prasad Singh,J)