Ravindra Singh @ Ravindra Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30309 of 2015 Arising Out of PS.Case No. -130 Year- 2015 Thana -BHABHUA District- BHABHUA (KAIMUR) ====================================================== Ravindra Singh @ Ravindra Kumar Singh, S/o Late Sheo Prasad Singh R/v Sion, P.S. Bhabua, Distt. Kaimur (Bhabua) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Tiwary For the Opposite Party/s : Mr. R.N.Jha(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 06-08-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Bhabua P.S. Case No. 130 of 2015 registered for the offences punishable under Sections 420, 406/34 of the Indian Penal Code. Learned counsel for the petitioner submits that a false and fabricated sale deed was created, using imposter Shila Devi as wife of the petitioner by Ravindra Singh and but in fact, later on petitioner and his wife came to know that a sale deed has been executed and the informant was trying to get his name mutated. Learned counsel for the petitioner further submits that no sooner they came to know about the registration of sale deed involving their lands, they filed protest before Mutation Officer stating that they have not sold the land and sale deed had been executed by

imposter Shila Devi. He has further submitted that the petitioner has also discovered that his name has been used as identifier of the said Shila Devi and consequently the present petitioner figured in the FIR, filed by the purchaser. Learned counsel submits that neither the imposter lady nor his wife has been made party in the present case but only because false signature was found to have been made on the alleged sale deed, the petitioner's name has been brought into the present case.

This Court while considering the bail applications of two other persons, who have been named as accused, namely, Om Prakash Singh and Ravi Prakash, has extended the privilege of anticipatory bail in Cri. Misc. No. 24739 of 2015 and Cri. Misc. No. 20846 of 2015 respectively on the same ground that these petitioners had been referred to as identifiers of imposter Shila Devi.

It is further contended that the thrust of accusation is against the person who executed the sale deed but the said lady has not been made an accused in the FIR.

Learned counsel submits that the petitioner's case being similarly situated and he is as alleged one of the co-accused persons, who had identified Shila Devi, may also be extended the privilege of pre-arrest bail as he has denied the signature on sale

deed.

Considering the aforementioned submissions, and the fact that in other two cases, similarly situated persons have been enlarged on bail, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Kaimur at Bhabhua in connection with Bhabua P.S. Case No. 130 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) sushma/- U