Brijraj Choubey @ Chunnu Choubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28023 of 2015 Arising out of PS.Case No. -138 Year- 2015 Thana -BUXAR District- BUXAR ====================================================== Brijraj Choubey @ Chunnu Choubey, Son of Brijbanshi Choubey, Resident of Village Ahirauli, P.S. Buxar (Industrial), District Buxar. .... .... Petitioner

Versus

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

For the Petitioner : Shri Vindhya Keshri Kumar, Sr. Advocate Shri Satyendra Narayan Singh, Advocate For the State : Shri Dilip Kumar, APP ====================================================== CORAM: HONOURABLE SHRI JUSTICE DHARNIDHAR JHA ORAL ORDER 22-07-2015 Heard Shri Vindhya Keshri Kumar, the learned senior counsel appearing on behalf of the petitioner. The allegation against the petitioner is that the petitioner had manipulated the registration of the deed by removing one page, i.e., page no.3 of the document so as to enhancing the area of land covered by the deed. It was stated that in place of 11⁄2 kattha of land, by manipulation the petitioner had shown the execution of the deed in her favour in respect of 72.5 decimals of land. Submission of Shri Kumar, the learned counsel for the petitioner is that the allegations are false on the face of it that the total consideration money was as per the published consideration rate per kattha prevailing in the locality as notified by the State Government. Submission also

Patna High Court Cr.Misc. No.28023 of 2015 (2) dt.22-07-2015 2 / 2 was that it is only one out of five sisters who had initiated the prosecution by filing the case.

Regard being had to the allegations which appear direct and are based on document, I am not inclined to direct the release of the petitioner on anticipatory bail. The prayer is dismissed. However, if the petitioner surrenders and prays for regular bail, it must be considered without being prejudiced by any order of rejection passed under Section 438 Cr.P.C. (Dharnidhar Jha, J.) Sanjay/- U T