Ramanand Prasad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46818 of 2016 Arising Out of PS.Case No. -169 Year- 2014 Thana -COMPLAINT CASE District- SHEOHAR ====================================================== Ramanand Prasad, Son of Late Ram Ekbal Sah, Resident of Village- Ashogi Chhapra Dhani, Police Station- Purnahiya, District- Sheohar. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Vijay Prasad, Son of Late Yadav Prasad, Resident of Village- Ashogi Chhapra Dhani, Police Station- Purnahiya, District- Sheohar. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arvind Kumar Jha, Adv. For the Opposite Party/s : Mr. Kanhaiya Kishore(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-12-2016 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No. 169/2014, registered for the offences punishable under Sections 420, 467, 468, 469 and 471 of the Indian Penal Code. The complainant alleged that the petitioner filed a Title Suit bearing no. 45/1996 for declaration of sale deed executed by Nawal Kishore Prasad brother of the petitioner as null and void. The suit was decreed. The petitioner filed execution case bearing no. 03/13 when the complainant received notice. It transpired that somebody filed Vakalatnama on behalf of the complainant, although, the complainant and his family members did not execute any Vakalatnama.

Patna High Court Cr.Misc. No.46818 of 2016 (2) dt.13-12-2016 2/2 Learned counsel for the petitioner submits that complaint petition itself is not maintainable, if any forgery is committed in the records of the court. The complainant should file a petition under Section 340 of Cr. P.C. Other accused persons have already been enlarged on anticipatory bail. There is no specific allegation against the petitioner.

Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate Sheohar in connection with Complaint Case No. 169/2014, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.) Vinita/- U T