Patna High CourtCR. MISC./11346/2018disposed

Bikramaditya Mishra @ Chuman Mishra And ANR v. The State Of Bihar

2018-04-03Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11346 of 2018 Arising Out of PS.Case No. -226 Year- 2017 Thana -CHATOUNI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Bikramaditya Mishra @ Chuman Mishra, S/o Late Ramdeo Mishra,

2. Smt. Surendera Devi @ Sharada Devi W/o Chuman Mishra, Both R/o Village- Bhada Village road, Inar, Bhada, Pachbhirwa, P.S.- Harshidhi, District- East Champaran.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Shyameshwar Kumar Singh For the Opposite Party/s : Mr. Ajay Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-04-2018 Heard learned counsel for the petitioners.

Petitioners apprehend their arrest in connection with Chatauni P.S.Case No. 226 of 2017 registered for the offences punishable under Sections 406, 409, 420, 467, 471 and 120B of the Indian Penal Code.

Allegation against the petitioners is that they have taken their death claim during their life time and they have taken the policy of Life Insurance Corporation in the name of the persons who are already dead.

Submission of learned counsel for the petitioners is that this is a case of mistaken identity as allegation is against Vikramadit Mishra @ Chuman Mishra, son of Lotan Mishra and

Patna High Court Cr.Misc. No.11346 of 2018 (3) dt.03-04-2018 2/2 name of nominee of policy is Surenda Devi @ Sharda Devi, whereas petitioner No.1 is Bikaramaditya Mishra @ Chuman Mishra, son of Late Ramdeo Mishra and petitioner No.2 is Smt. Surendar Devi @ Sharada Devi, wife of petitioner No.1., as such there is mistaken identity.

Heard learned APP also.

Having heard both sides and in the facts and circumstances, petitioners, above named, are directed to be released on provisional anticipatory bail till the submission of charge sheet against them and they are further directed to surrender and pray for bail, once case is found true and charge sheet is submitted against them.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U