Siddheshwar Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24295 of 2023 Arising Out of PS. Case No.-272 Year-2019 Thana- GARDANIBAG District- Patna ====================================================== 1.
SIDDHESHWAR PRASAD S/O LATE BENGALI PRASAD R/O Balmichak, P.O- Anisabad, P.S- Phulwari Sharif, Distt.- Patna, Pin-800002 2.
Anisa Devi W/O Siddheshwar Prasad R/O Balmichak, P.O- Anisabad, P.SPhulwari Sharif, Distt.- Patna, Pin-800002 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Anil Kumar Singh, Advocate For the State :
Mr. Pramod Kumar Pandey, APP For the Informant : Mrs. Usha Kumari Singh, Advocate Mr. Anil Kumar Sharma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-09-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State assisted by learned counsel for the informant.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 406, 420, 467 & 468 of the Indian Penal Code.
3. The petitioners are said to have made forged e-mail ID in the name of informant's daughter and by showing her resigning from the Director of the said company they used forged and fabricated documents. They also tried to grab the amount by using forged documents. Other allegations have also been made.
4. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have
Patna High Court CR. MISC. No.24295 of 2023(5) dt.11-09-2023 2/3 been falsely implicated in this case due to previous grudge. It is further submitted that the real fact is that informant, her husband and daughter had taken about Rs.20-25 lakhs from the petitioners and to misappropriate this heavy amount this false and fabricated case has been lodged againt them with a view to make pressure upon them. It is further submitted that the informant, her husband and daughter are litigant persons and they are in habit to file false cases against others and details of six cases have been mentioned in para-10 of this application. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State assisted by learned counsel for the informant opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case as well as the fact that dispute inter se appears to be a company dispute which is civil in nature, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where
Patna High Court CR. MISC. No.24295 of 2023(5) dt.11-09-2023 3/3 the case is pending/successor Court in connection with Gardanibagh P.S. Case No.272 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T