Gauhati High Court
Haladhar Pathak vs The State Of Assam on 27 October, 2021
Author: Rumi Kumari Phukan
Bench: Rumi Kumari Phukan
Page No.# 1/2
GAHC010178282021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/3487/2021
HALADHAR PATHAK
SON OF LATE SANAMAL PATHAK
R/O SRI HARIDEV PATH,
VILL AND P.O. MOUTUPURI, HOWLY
P.S. HOWLEY, PIN-781316
DIST. BARPETA, ASSAM
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, ASSAM
Advocate for the Petitioner : MS D BORGOHAIN
Advocate for the Respondent : PP, ASSAM
BEFORE
HON'BLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
27.10.2021 By this bail application under Section 438 CrPC, petitioner, namely, Sri Haladhar Pathak, has sought for pre-arrest bail in the event of his arrest in connection with Howly PS Case No. 582/2021, under Sections 420/379/34 of the IPC. Heard the learned counsel for both the parties.
Page No.# 2/2 It has been alleged by the informant that his ATM card was not delivered by the petitioner, who was the Sub-Post Master, Howly and subsequently, certain amount was withdrawn from his account through ATM and the informant has alleged that it was misappropriated by the petitioner. Now, the petitioner contends that the ATM Card of the petitioner has already been delivered on 14.12.2020, vide Sl. No. 67 of the relevant register and there is no occasion to withdraw the money on the part of the petitioner. I have gone through the documents annexed.
Let the Case Diary be called for and list the matter in the fourth week of November, 2021.
Considering all entirety of the matter, it is directed that in the meantime, the accused petitioner is allowed to go on interim pre-arrest bail on their furnishing bail bond of Rs. 10,000/-, with one surety of the like amount to the satisfaction of the arresting authority, with a direction to the petitioner to appear before the IO, within a period of 10 (ten) days from today, along with the relevant register, that has been indicated above and to give his statement.
JUDGE Comparing Assistant