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Patna High CourtCR. MISC./9942/2017bail granted

Karunesh Tiwari @ Prakash Tiwari @ Orakash Tiwari v. State Of Bihar And ANR

2017-03-20Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9942 of 2017 Arising Out of PS.Case No. -975 Year- 2015 Thana -WEST CHAMPARAN COMPLAINT DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Karunesh Tiwari @ Prakash Tiwari @ Orakash Tiwari, Son of Ramchandra Tiwari (in the complaint petition wrongly written as Gopaljee Nath Tiwari), Resident of Village- Tesrahia Tola Makri, P.O.- Makri, P.S.- Bathwaria, District- West Champaran.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Shima Devi, W/o Dinesh Mishra, D/o Late Ramchandra Tiwari, at+P.O.- Bibi Barkatwa, P.S.- Bathwaria, Distt- West Champaran. .... .... Opposite Partys ====================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kishore Thakur For the Opposite Party/s : Mr. Sri Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-03-2017 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor.

The petitioner prays for anticipatory bail in connection complaint case no. 975(c) of 2015 registered for the offence punishable under sections 420, 467, 468, 471 of Indian Penal Code. It is alleged that petitioner pretends himself to be the son of Ramchandra Tiwari whereas the fact is that the said Ramchandra Tiwari has no son and he has only two daughters and he has adopted the petitioner.

It is submitted on behalf of petitioner that the matriculation certificate and other documents also show that the petitioner is the son of Ramchandra Tiwari.

Patna High Court Cr.Misc. No.9942 of 2017 (2) dt.20-03-2017 2/2 Heard learned A.P.P. also. Learned A.P.P. has opposed the prayer for bail.

Having heard both sides. In view of the facts stated above, let the petitioner, named above, in the event of his arrest or surrender in the Court within a period of two weeks from the date of receipt/ production of a copy of this order, be released on bail on furnishing bail bond of Rs. 25,000/-(Rs. Twenty five thousand) with two sureties of the like amount each to the satisfaction of Addl. Chief Judicial Magistrate, Bagha, East Champaran in connection with complaint case no. 975(c) of 2015 subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure and further conditions that petitioner shall co-operate in the investigation of the case and will produce whatever documents he has and shows the same to investigating officer also and if he fails to show it to investigating officer or did not cooperate in the investigation, the prosecution shall be free to move for cancellation of his bail bonds. (Vinod Kumar Sinha, J.) rinkee/- U T