BABY SHUKLA @ BABY SHUKLA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners, learned APP for the State and learned counsel appearing on behalf of the Bank.

(2.) The petitioners apprehend their arrest for the offences alleged under Sections 467, 468, 471, 472, 420, 409, 34 and 419 of the Indian Penal Code registered in connection with Buxar Town P.S. Case No. 41 of 2016.

(3.) Learned counsel for the petitioners submits that the petitioners have been falsely implicated and as a matter of fact, fraud has been played by the then Senior Branch Manager of the Bank of Baroda, Buxar (Sri Manoj Kumar) in collusion with Sri Deepak Kumar Rai, proprietor of M/s Mahaveer Motors, Varanasi for embezzlement of the loan amount of Rs. 23,50,000/-. As a matter of fact the petitioners' earlier loan application in the year 2013 had been rejected and the petitioners had never applied for a loan for purchase of a truck in 2014 as alleged. There is considerable delay of about two years in registering the First Information Report on 06.02.2016. There is no material to show that the demand draft had been received by the petitioners or that they had withdrawn the amount of demand draft. It is submitted that all the documents for obtaining loan are forged and fabricated and the petitioners have no concern with the same. In this regard the petitioner no. 2 has instituted Complaint Case No. 164(c) of 2016 pending before the learned Chief Judicial Magistrate, Buxar (Harendra Shukla vs. Manoj Kumar, Manager, Bank of Baroda, Buxar). The proprietor of M/s Mahaveer Motors, Varanasi, Sri Deepak Kumar Rai as well as his wife Smt. Pikesh Rai @ Pinkesh Rai have been granted anticipatory bail by this Court in Cr. Misc. No. 14632 of 2016 in connection with similar transaction relating to loan having been deposited through mis-representation in an account opened in the name of M/s Mahaveer Traders, Varanasi which was said to be their account, on the basis of their having expressed their willingness to pay the entire amount in question within a reasonable time.