Ganesh Narayan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49285 of 2015 Arising Out of PS.Case No. -290 Year- 2015 Thana -SIWAN CITY District- SIWAN ======================================================

1. Ganesh Narayan s/o Late Sat Narain, resident of Mohalla Sonarpatti, P.S. SiwanTown, District- Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Munni Devi daughter of Prameshwar Prasad & wife of Birendra Prasad, resident of Mohalla- Lakshmipur, Hanumant Nagar, P.S. Siwan Town, District- Siwan.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Mr. Sanjay Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 13-01-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Siwan Town P.S.Case No. 290 of 2015 registered under Sections 419, 420, 465 467, 468, 471, 504 and 506 of the Indian Penal Code.

It is contended that admittedly power of attorney and the sale deed both are registered documents and therefore there would be presumption of correctness of both the documents. It is further contended that the allegations do not constitute any criminal offence and the correctness or otherwise of the two documents referred to above may be challenged in a civil suit

Patna High Court Cr.Misc. No.49285 of 2015 (4) dt.13-01-2016 2/2 before a competent Court.

Learned counsel for the Opposite Party No.2 has vehemently opposed the application for grant of anticipatory bail to the petitioner.

Be that as it may, regard being had to the nature of offence, the provisional anticipatory bail granted to the petitioner vide order dated 03.11.2015 is hereby confirmed. (Ashwani Kumar Singh, J) Pradeep/- U T