Mahanand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32391 of 2015 Arising Out of PS.Case No. -28 Year- 2015 Thana -KARJAIN District- SUPAUL ====================================================== Mahanand Kumar, Son of late Narsingh Kumar, resident of Baisi ,P.S.- Karjain , District - Supaul.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Jitendra Kumar Roy-I (A.P.P.) ======================================================

CORAM:

HONOURABLE MR.

JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-08-2015 Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Karjain P.S. Case No. 28 of 2015, disclosing offences under Sections 420, 465, 467, 468, 471 and 120B of the Indian Penal Code.

The petitioner is said to be the cousin of the deceased husband of the informant. It is the petitioner's case that in the year 1989, the husband of the informant had executed a gift deed in his favour, whereas, it is the informant's case that the petitioner has prepared a forged and fabricated gift deed in his

Patna High Court Cr.Misc. No.32391 of 2015 (2) dt.13-08-2015 2/2 favour. Learned counsel appearing on behalf of the petitioner submits that the dispute between the parties is purely civil in nature and there is no chance of tampering with the evidence on the part of the petitioner, in the facts and circumstances of the case.

In view of the submission as above, this application is allowed. Let the petitioner, abovenamed, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Birpur (Supaul) in connection with Karjain P.S. Case No. 28 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall liable to be cancelled.

(Chakradhari Sharan Singh, J) Praveen-II/- U T