Janardan Pathak And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52102 of 2017 Arising Out of PS.Case No. -138 Year- 2014 Thana -SHEKHPURA COMPLAINT CASE DistrictSEKHPURA ======================================================
1. Janardan Pathak, S/o Late Radhey Shyam pathak,
2. Devanand Pathak S/o Late Radhey Shyam Pathak,
3. Parmanand Pathak S/o Janardan Pathak,
4. Nityanand Pathak S/o Janardan Pathak, All R/o Village- Punesra, P.S.- Jairampur, District- Sheikhpura.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Ashwani Kumar S/o Karyanand Pathak, R/o Village- Punesra, P.S.- Jairampur, District- Sheikhpura.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajit Kumar For the Opposite Party/s : Mr. Sri Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-11-2017 Heard learned counsel for the petitioners as well as the State.
The petitioners apprehend their arrest in Complaint Case No. 138C/2014 instituted for the offences under Sections 419, 420, 465, 468, 466 and 120(B) of the Indian Penal Code. There is allegation against the petitioners that on 23.11.2013 the complainant was in Bokaro District at his work place and the petitioners had made signature of the complainant on the Compromise Deed and Award in the Lok Adalat held in the civil court, Sheikhpura by impersonating some other person. Learned counsel for the petitioners has submitted that it
Patna High Court Cr.Misc. No.52102 of 2017 (2) dt.09-11-2017 2/2 is mentioned in paragraph 9 of the complaint petition that the matter was enquired by the Secretary, D.L.S.A., Sheikhpura and found similar signature of the complainant on the Award and on the F.I.R. Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Complaint Case No. 138C/2014, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sheikhpura, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J.)