Devendra Pandey vs The State Of Bihar
2021 Latest Caselaw 1088 Patna

       IN THE HIGH COURT OF JUDICATURE AT PATNA
               CRIMINAL MISCELLANEOUS No.28053 of 2020
        Arising Out of PS. Case No.-265 Year-2019 Thana- DUMRA District- Sitamarhi
  ======================================================

Devendra Pandey, aged about 32 years, Gender-Male, son of Baidyanath Pandey, resident of Village- Baghari, P.S.- Runisaidpur, District- Sitamarhi.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate For the State : Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 22-02-2021

Heard Mr. Ashok Kumar Jha, learned counsel for the

petitioner and Mr. Jharkhandi Upadhyay, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

2. The petitioner apprehends arrest in connection with

Dumra PS Case No.265 of 2019 dated 08.07.2019, instituted

under Sections 379, 420 of the Indian Penal Code.

3. The allegation against the petitioner is that the

informant had handed over her ATM card to him so that he

could take out money for performing shradh ceremony of her

father at the village as she was working outside and after

shradh, it is alleged that the petitioner handed over ATM card of

another person and also that he had withdrawn certain amount, Patna High Court CR. MISC. No.28053 of 2020 dt.22-02-2021

which was not accounted for.

4. Learned counsel for the petitioner submitted that

voluntarily handing over of the ATM card to the petitioner is

admitted and the expenses has also been disclosed. It was

further submitted that shradh was also performed and the

petitioner managed all by spending money which clearly

indicates that the money was spent for the purpose. However,

learned counsel submitted that if the informant has any doubt

with regard to the amount being not properly accounted for, it is

a matter of sitting together and working out the details and also

verifying with regard to the expenses, but a criminal case is

abuse of the process of the Court. It was submitted that the

petitioner has no criminal antecedent. Learned counsel

submitted that even the witnesses, who have supported, are only

the close family members.

5. Learned APP, from the case diary, submitted that

the petitioner is alleged to have drawn money in excess of what

he spent. However, he did not controvert the fact that ATM card

was handed over voluntarily by the informant to the petitioner

and he was permitted to draw the money for the purpose of

shradh of her father.

6. Having considered the facts and circumstances of Patna High Court CR. MISC. No.28053 of 2020 dt.22-02-2021

the case and submissions of learned counsel for the parties, in

the event of arrest or surrender before the Court below within

six weeks from today, the petitioner be released on bail upon

furnishing bail bonds of Rs.25,000/- (twenty five thousand)

with two sureties of the like amount each to the satisfaction of

the Chief Judicial Magistrate, Sitamarhi, in Dumra PS Case

No.265 of 2019, subject to the conditions laid down in Section

438(2) of the Code of Criminal Procedure, 1973, and further (i)

that one of the bailors shall be a close relative of the petitioner,

(ii) that the petitioner shall cooperate with the

Court/police/prosecution. Failure to cooperate shall lead to

cancellation of his bail bonds.

7. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

J. Alam/-

AFR/NAFR U T