Patna High Court - Orders
Gulab Chaudhary & Ors vs The State Of Bihar on 30 March, 2009
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.51952 of 2007
1. GULAB CHAUDHARY, S/o Late Panchu Chaudhary
2. NEELAM DEVI, W/o Sri Gulab Chaudhary
3. MANISH KUMAR, W/o Sri Gulab Chaudhary
All are residents of village - Harakh Lakho, P.S. - Muffasil, District -
Begusarai at present R/o Escon Road, Silligurie (W.B.).
..... Petitioners.
Versus
THE STATE OF BIHAR ..... Opp. Party.
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06/ 30.03.2009Heard learned counsel for the petitioners, State and the informant-bank.
Petitioners are apprehending their arrest in connection with a case registered for the offence under Sections 406, 420/34 of the Penal Code registered in connection with a loan taken by them from Begusarai Central Co-operative Bank. It is submitted on behalf of the petitioners that against loan amount of Rs. 12,00000/- (Twelve lakhs) they have already paid Rs. 13,00000/- (Thirteen lakhs), but the bank is not satisfied with such payment and has filed this case alleging misappropriation of Rs. 39,00000/- (Thirty Nine lakhs) and odd. Counsel submitted that the proceeding to recover the dues of the bank has been levied before the D.R.T. and subject to the order of the D.R.T. they may be permitted to deposit a sum of Rs.1,00,000/- (One lakh) with the bank within one month from today.
In the circumstances, if the payment of Rs.1,00,000/- (One lakh) is made within four weeks from today and the petitioners, above named, surrender in the court below within the same time, they be admitted to the privilege of bail on furnishing bail bonds of Rs.5,000/- (five thousand) each with two sureties of the like amount each to the -2- satisfaction of the Chief Judicial Magistrate, Begusarai in connection with Begusarai Muffasil P.S. Case No. 292 of 2007, subject to the conditions laid down under Section 438(2) Cr. P.C. It is, however, made clear that if deposit of aforesaid amount is not made within four weeks, then the authorities of the bank should proceed and take coercive majors against them for their apprehension in the present case.
This application is, accordingly, disposed of.
DKS/ (V.N. Sinha, J.)