Tahir @ Md. Tahir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41325 of 2015 Arising Out of PS.Case No. -101 Year- 2015 Thana -JOKIHAT District- ARRARIA ======================================================

1. Tahir @ Md. Tahir S/o Sagir Resident of Village Uda P.S. Mahalgoan (Jokihat) District Araria .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Prasad Singh, Advocate For the Opposite Party/s : Mr. Kr.Virendra Narayan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-10-2015 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 465, 466, 468 of the Indian Penal Code.

The prosecution case is that the informant being S.H.O. of Mahalgoan P.S. Case No. 213 of 2014 found that the petitioner got prepared a fabricated death certificate of Md. Ali reflecting the date of death as 01.06.1962 in order to grab the property of Md. Ali, whereas the other sides have got a death certificate of Md. Ali reflecting the date as 11.05.1968.

It is submitted by the learned counsel for the petitioner that the death certificate of Md. Ali, who was the grand-father (Nana) of the petitioner was issued by the Block

Patna High Court Cr.Misc. No.41325 of 2015 (2) dt.08-10-2015 Development Officer, Jokihat vide order dated 27.01.2014 vide memo no. 166 reflecting the date of death of Md. Ali as 01.02.1962, the same has been brought on record as Annexure-3. It is further submitted that in the issue register of the death certificates subsequently interpolation was made to implicate the petitioner. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent. Considering the fact the death certificate was issued from the office of Jokihat Block Development Officer, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.

10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Araria in connection with Jokihat (Mahalgon) P.S. Case No. 101 of 2015, subject to conditions as laid down under Section 438(2) of the Indian Penal Code. (Dinesh Kumar Singh, J) P.K.