Babloo Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34566 of 2015 Arising Out of PS.Case No. -2862 Year- 2012 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Babloo Kumar Son of Late Haribansh Rai Resident of Village - Saguna, P.S. - Danapur, District - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Baiju Pandit S/o Late Chandrika Pandit Resident of Village - Mainpura, P.S. - Patliputra, Dist. - Patna.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ambuj Nayan Chaubey For the Opposite Party/s : Mr. Vinod Shankar Modi(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-09-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under sections 420,467,468,471,323 and 506 of the Indian Penal Code. It is alleged against the petitioner that on the basis of a forged power of attorney, alleged to have been executed by Gujri Devi, mother of the complainant, the petitioner transferred the land of the mother of complainant and with the same accusation the mother of the complainant also lodged Shahpur P.S. Case No. 134 of 2012 wherein the petitioner's application for

Patna High Court Cr.Misc. No.34566 of 2015 (2) dt.01-09-2015 2/2 anticipatory bail has been rejected by this court. Considering the fact that for the same cause of action the mother of the complainant has filed a substantive case and the nature of accusation wherein the genuineness of the registered power of attorney is in question, which can only be decided by a competent Civil Court, it is a case for consideration of the prayer for regular bail of the petitioner by the learned court below in case the petitioner surrenders within six weeks from today in connection with Complaint Case No. 2862C of 2012 pending in the court of learned JM Ist Class, Patna.

This application is disposed of with the aforesaid observation/direction.

(Dinesh Kumar Singh, J) Anil/- U T