Ajay Sharan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2523 of 2017 Arising Out of PS.Case No. -137 Year- 2016 Thana -MADANPURA District- AURANGABAD ====================================================== Ajay Sharan Son of Late Raghubir Sharan Chaudhary resident of Village - Ishapur, P.O. - War, P.S. Madanpur, District - Aurangabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Arvind Saran Son of Late Raghubir Sharan Chaudhary resident of Village : Ishapur, P.O. - War, P.S. - Madanpur, District - Aurangabad. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shyama Kant Singh For the Opposite Party/s : Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-03-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in Madanpur P.S. Case No.137/16 for the offences under Sections 471, 406 and 420/34 of the I.P.C.

Accusation is that the petitioner Ajay Sharan who happens to be own brother of the informant Arvind Sharan, got forged certificate regarding death of his father from Anita Kumari, Anganbari Sewika, Ratanpura, Centre No.136 and withdrew a sum of Rs.1,96,000/- from the Pnsion Account of his father while his father died on 04.04.2014.

Learned counsel for the petitioner submits that, in

Patna High Court Cr.Misc. No.2523 of 2017 (2) dt.06-03-2017 2/2 fact, there is property dispute in between the petitioner and his own brother (informant) due to which this false case has been lodged. In deed, father of the petitioner died on 04.04.2014. Thereafter death certificate was produced by Mano Devi, the mother of the informant on the basis of which the Bank had transferred Rs.2,40,007/- from the account of Raghubir Sharan Chhoudhary, father of the informant, to the account of Mano Devi, mother of the petitioner on 08.08.2014. Thereafter Mano Devi withdrew Rs.50,000/- herself on 16.08.2014. A cheque was issued in the name of the petitioner and she also issued cheque in the name of the petitioner for Rs.1,45,000/- on 16.08.2014.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the C.J.M., Aurangabad, Madanpur P.S. Case No.137/16 subject to the conditions as laid down under Section 438(2) of Cr.P.C.