Patna High CourtCR. MISC./12690/2016bail granted

Satya Narayan Sah v. State Of Bihar And ANR

2017-01-27Mr. Justice Sanjay Priya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17014 of 2016 Arising Out of Complaint Case No. -222 Year- 2014 Thana -COMPLAINT CASE District- BANKA ====================================================== Dr. Rajesh Kumar Khanna, son of late Madan Mandal, resident of villageShambhuganj, P.S.- Shambhuganj, District- Banka .... .... Petitioner/s

Versus

1. The State of Bihar

2. Niraj Singh, son of Shivnandan Singh, resident of village Arajee Karsopa, Police Station- Shambhuganj, District- Banka .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.12690 of 2016 Arising Out of Complaint.Case No. -222 Year- 2014 Thana -COMPLAINT CASE District- BANKA ====================================================== Satya Narayan Sah, Son of late Ludhi Sah, resident of village-Makduma, P.S.-Amarpur, District-Banka.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Niraj Singh, Son of Shiv Nandan Singh, resident of village-Karsop, P.S.-Shambhuganj, District-Banka.

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

(In Cr.Misc. No.17014 of 2016) For the Petitioner/s : Mr. Balram Kapri For the Opposite Party/s : Mr. Ram Bachan Singh(App) (In Cr.Misc. No.12690 of 2016) For the Petitioner/s : Mr. Balram Kapri, Advocate. For the Opposite Party/s : Mr. Ram Bachan Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-01-2017 Heard learned counsel for the petitioners and the State.

The petitioners seek anticipatory bail in a case instituted for the offence under Sections 467, 468 and 420 of the

Patna High Court Cr.Misc. No.17014 of 2016 (5) dt.27-01-2017 2/3 Indian Penal Code.

It is alleged that after the death of uncle of the complainant Shyam Nandan Singh, one Lalita Devi, Phua of the complainant got transferred the amount of Rs.2,39,477/- of his LIC Policy in her account after preparing forged death certificate. Further allegation is that she also took two and four wheelers which stood in the name of his uncle.

The counsel for the petitioner has pointed out the statement of the complainant on Solemn Affirmation wherein he has stated that the Insurance Policy and the vehicles were in the name of Shyam Nandan Singh in which Lalita Devi was the nominee. In this manner, from the Solemn Affirmation of the complainant as well as the complaint petition, he is not the beneficiary either of the amount of the LIC Policy or the vehicle as mentioned in the petition. It is stated that the petitioner of Cr. Misc. No. 12690 of 2016 is the LIC Agent whereas the petitioner of Cr. Misc. No.17014 of 2016 is doctor who is alleged to have issued death certificate.

Considering the aforesaid facts and circumstances of the case, let the petitioners above named in the event of surrender within six weeks from the date of receipt of this order, in connection with Complaint Case No. 222 of 2014, shall be

Patna High Court Cr.Misc. No.17014 of 2016 (5) dt.27-01-2017 3/3 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 Sri A.K. Gupta, Sub Judge-IIIcum ACJM-III/Additional Chief Judicial Magistrate-III, Banka, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

(Sanjay Priya, J) S.Ali/- U T