Devanand Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49911 of 2014 Arising Out of PS.Case No. -119 Year- 2014 Thana -RAJGIR District- NALANDA (BIHARSHARIFF) ====================================================== Devanand Prasad, Son of Late Surju Singh, R/o Village- Bari Milki, P.S. Rajgir, District Nalanda.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Akhileshwar Pd. Singh, Sr., Advocate. For the Opposite Party : Mr. Gajendra Pd. Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-05-2015 The petitioner is apprehending his arrest in connection with Rajgir P.S. Case No. 119 of 2014 for the offences instituted under Sections 406, 420, 467, 504, 468 and 120(B) of the Indian Penal Code.

Heard learned counsel for the petitioner, State and learned counsel for the informant.

The prosecution story, in brief, is that the father of the informant, namely, Krishna Verma, was a technician in Telephone Department and he was posted at Rajgir. He died on 10.09.2004 and the informant's mother, Manturan Devi had died before the death of father of the informant. The petitioner in collusion with his mother Kishori Devi were being withdrawn the pension

Patna High Court Cr.Misc. No.49911 of 2014 (2) dt.14-05-2015 2 / 3 amount since after the death of father of the informant posing herself as Manturan Devi and thus they both committed cheating. This fact has come into the notice of the informant subsequently and then he filed this case.

It has been submitted on behalf of the petitioner that the petitioner has no criminal antecedents. As far as the mother of the petitioner is concerned, she is the second wife of Krishna Verma and after the death she had been drawing the family pension. It has further been submitted that certain property which was acquired by her husband that was purchased in the name of the mother of the petitioner and the informant wants a share in the said property and for the said reason to pressurize the petitioner and the mother he has brought the present prosecution. It has further been submitted that the petitioner is ready to deposit amount of Rs. 10,000/-(Ten Thousand) in the court below which shall be subject to final disposal of the case.

On behalf of the State, it has been submitted that there is specific allegation in the F.I.R., and the petitioner in collusion of his mother has committed forgery.

Considering the aforesaid facts that the petitioner is ready to deposit amount of Rs. 10,000/- in the court below which shall be subject to final disposal of the present case, let the above

Patna High Court Cr.Misc. No.49911 of 2014 (2) dt.14-05-2015 3 / 3 named, petitioner, be released on bail in the event of his arrest or surrender before the learned court below within a period of four weeks from today in connection with Rajgir P.S. Case No. 119 of 2014 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Nalanda at Biharsharif, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T