Dhiraj Singh @ Dhiraj Kumar Prabhakar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50345 of 2014 Arising Out of PS.Case No. -10 Year- 2014 Thana -NARDIGANJ District- NAWADA ====================================================== Dhiraj Singh @ Dhiraj Kumar Prabhakar son of Sri Mahendra Prasad Singh resident of village - Pachhiaridih, P.S. Muffasil, District - Nawada, presently residing at New Area Ward No. 7, Near Nataraj Cinema, P.S. Town, District - Nawada.
.... .... Petitioner/s
Versus
The State of Bihar .
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Upendra Mishra, Adv For the Opposite Party/s : Mr. Ambika Bhagat(Spl.P.P) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 05-08-2015 Heard learned counsel for the parties.
2. Reference in this connection be first made to the earlier order of this Court dated 30.7.2015 which reads as follows:- "Having regard to the fact that the petitioner in his bail application in para-3 has given a statement that there is no criminal antecedent whereas in the case diary, three cases are said to be pending against him, it would direct the deponent of the bail application, namely, Mahendra Prasad Singh, the father of the petitioner, to show cause as to why he should not be held guilty of committing perjury. Said Mahendra Prasad Singh is directed to appear in person on next Wednesday i.e. 05.08.2015 along with his show cause
Patna High Court Cr.Misc. No.50345 of 2014 (6) dt.05-08-2015
3. Pursuant to the earlier order of this Court dated 30.07.2015, not only Mahendra Prasad Singh, the deponent of the application filed by the petitioner for grant of anticipatory bail has appeared in person but has also given his explanation and very frankly accepted his mistake as with regard to swearing of false affidavit concerning the criminal antecedent of the petitioner.
4. This Court would accordingly warn aforesaid Mahendra Prasad Singh, the deponent of the affidavit in support of the bail application to remain very careful in future in swearing any affidavit before any Court of law. It is only because of his old age this Court has spared him from taking any action under Section 340 Cr.P.C..
5. The personal appearance of Mr. Mahendra Prasad Singh, is, accordingly, dispensed with.
6. This Court, however having taking into account not only the criminal antecedent of the petitioner of his being at least accused in more than three cases as mentioned in paragraph no. 10 of the show cause reply filed today by Mr. Mahendra Prasad Singh, as well as taking into
Patna High Court Cr.Misc. No.50345 of 2014 (6) dt.05-08-2015 consideration the seriousness of allegations being faced by the petitioner for the offences punishable under Sections376 and 511 of the Indian Penal Code, in this case, is not inclined to grant the privilege of anticipatory bail to the petitioner specially when there was an attempt by him to dupe this Court by giving a false statement as with regard to his criminal antecedent.
7. The prayer for anticipatory bail of the petitioner is, accordingly, rejected.
8. Nothing said in this order, however, will come in the way of the petitioner in surrendering before the Court below and seeking regular bail.
(Mihir Kumar Jha, J) Ranjan/- U