Prashant Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20054 of 2019 Arising Out of PS. Case No.-2386 Year-2018 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Prashant Kumar Mishra, aged about 43 years, Male, Son of Sh. Shankar Mishra, resident of Flat No. 204 Kashyap Ramwatar, Ram Nagari Road, Police Station- Rajeev Nagar, District-Patna. ... ... Petitioner

Versus

1.

The State of Bihar.

2.

Smt. Shanti Dubey, aged about 62 years, Female, wife of Dr. Madan Dubey, Resident of Friends Colony Main Road (Ashiyana AG Colony Road), PostAshiana Nagar, Police Station- Shastri Nagar, District-Patna. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar, Adv.

For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 02-04-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Complaint Case No. 2386 (C) of 2018, registered for the offence under Sections 467 and 465 of the Indian Penal Code.

It is a fact that the petitioner and opposite party no.2 are landlord and tenant respectively. In connection with complaint Case No. 1105 (C) of 2016 for the offence under Section 420 of the Indian Penal Code and under Section 138 of the Negotiable Instrument Act, the petitioner has moved before this Court for anticipatory bail in Criminal Miscellaneous No.13494 of 2018 and this Court vide order dated 19.04.2018

Patna High Court CR. MISC. No.20054 of 2019(2) dt.02-04-2019 2/2 granted anticipatory bail to the petitioner. In the present case, allegation has been made that the petitioner has obtained the anticipatory bail on the basis of forged and fabricated document as the money receipt does not tally with the signature of the complainant and it is a forged document.

From the record, it appears that long line of litigation are going on between the parties, which are mentioned in paragraph no.3 to this bail petition.

Looking to the nature of allegation and the facts and circumstances of the case, let the above-named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of Sri Akhilesh Kumar Pandey, Judicial Magistrate 1st Class, Patna, in connection with Complaint Case No. 2386 (C) of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Shivaji Pandey, J) pawan/- U T