Baliram Sharma @ Baliram Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9051 of 2021 Arising Out of PS. Case No.-244 Year-2020 Thana- CIVIL LINE District- Gaya ====================================================== BALIRAM SHARMA @ BALIRAM PRASAD SINGH SON OF LATE RAGHO PRASAD SINGH R/O VILLAGE- BAMBHAI, P.S.- KARPI, DIST.- ARWAL ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Shankar Shrivastava For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 21-12-2021 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest for the offences alleged under Sections 467, 468, 471 and 420 of the Indian Penal Code, registered in connection with Civil Lines P.S.Case No. 244 of 2020.

The informant Umesh Prasad, Assistant Engineer, Nagar Nigam, Gaya, lodged this FIR against the present petitioner that at the instance of the petitioner, a false death certificate was prepared showing his son Mukesh Kumar dead.

Patna High Court CR. MISC. No.9051 of 2021(2) dt.21-12-2021 2/3 In this respect, an inquiry was conducted by the Nagar Nigam, Gaya and it was emerged in the inquiry that the petitioner has got prepared a false death certificate in relation to his son Mukesh Kumar.

The learned counsel for the petitioner has submitted that the petitioner has also lodged a case against one Shailendra Kumar and his family members and it was the reason that he has been implicated in this false and frivolous case. He has further submitted that a partition suit has been filed by the brother of the petitioner and in the plaint of that partition suit two sons of the petitioner have been shown. It is also submitted that the petitioner is aged about 73 years.

The FIR itself reveals that an inquiry was conducted by the Nagar Nigam Gaya and as per the inquiry report it was emerged that the present petitioner has obtained false death certificate of his son Mukeh Kumar. The impugned order dated 05.11.2020 passed in ABP No. 2579 of 2020 by Additional Sessions Judge-III, Gaya reveals that the petitioner was taking plea that his son Mukesh Kumar has died in the year 2004, whereas a police case has been registered against Mukeh Kumar in the year 2012, which falsifies the statement of the petitioner. Considering the above-mentioned facts and

Patna High Court CR. MISC. No.9051 of 2021(2) dt.21-12-2021 3/3 circumstances, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. The prayer is hereby rejected. Office shall ensure that all the defects are removed by the petitioner within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T