Kaushlya Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62468 of 2024 Arising Out of PS. Case No.-39 Year-2024 Thana- LADANIA District- Madhubani ====================================================== 1.
Kaushlya Devi W/O Manu Mahara @ Bhanu Mahara @ Manu Ram R/O Vill- Jankinagar, Kumar Khat, PS- Ladania, Distt- Madhubani 2.
Manu Mahara @ Bhanu Mahara @ Manu Ram S/O Late Jhingur Mahara R/O Vill- Jankinagar, Kumar Khat, PS- Ladania, Distt- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shivnandan Bharti, Adv.
For the Opposite Party/s :
Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 20-11-2024 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in a case instituted for the offence punishable under Sections 420, 467, 468, 471 of the Indian Penal Code.
3. As per allegation in the F.I.R., petitioner No. 2, namely, Manu Mahara @ Bhanu Mahara has made fake caste certificate of his wife, namely, Kaushlya Devi (ie. Petitioner No. 1), whereas it is alleged that she is a
2/4 resident of Nepal and she has misused the caste certificate by declaring one Jhamili Ram of her maternal village as he father.
4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. In the background of personal and political vendetta, the present case has been lodged against them. There is litigating terms between the parties and the petitioners have also lodged complaint case No. 62 of 2023 and Ladania P.S. Case NO. 203 of 2022 against the informant. It is further submitted that the present case has not been registered by the concerned Circle Officer (CO) rather by a private person.
5. Learned A.P.P. for the State and learned counsel for the informant vehemently opposed the prayer of bail.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on
3/4 bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Ladania P.S. Case no. 39 of 2024, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Madhubani, subject to the conditions as laid down under section 438(2) of the Cr.P.C, with following conditions:- (i) One of the bailors should be close relative of the petitioner.
(ii) Petitioner shall co-operate in the trial and shall be present on each and every fixed date and on his absence on two consecutive dates without sufficient reason, his bail bonds shall be cancelled by the learned trial Court.
(iii) if the petitioner tampers with the evidence or threatens the witness, in that case, the prosecution will
4/4 be at liberty to move for cancellation of bail. (iv) In case, the petitioner repeats offence of similar nature after enlargement on bail, his bail bonds may be cancelled by the learned trial Court.
(S. B. Pd. Singh, J) Nirajkrs/- U T