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Patna High CourtCR. MISC./4144/2018bail granted

Sandip Kumar v. The State Of Bihar

2018-02-02Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4144 of 2018 Arising Out of PS.Case No. -167 Year- 2017 Thana -HATHAURI District- MUZAFFARPUR ======================================================

1. Sandip Kumar S/o Sri Uma Nath Prasad Singh Manager, Oriental Bank of Commerce, Main Branch, Rewa (Madhya Pradesh) resident of Mohalla - Narendra Nagar, Amahiya, P.S. - Civil Line, Rewa (Madhya Pradesh), permanently resident of village - Narma, P.S. - Hathauri, Dist - Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Vivek Kumar For the Opposite Party/s : Mr. Sri Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-02-2018 The petitioner is apprehending his arrest in connection with Hathori P.S. Case No. 167 of 2017, registered for offences punishable under Sections 341, 323, 379, 420, 467, 468, 471, 504 and 120(B) of the IPC.

Petitioner is brother in law (devar) of the informant and allegation against him is of getting the sale deed executed in favour of mother of the petitioner by impersonating the signature of her husband, who had died in the year 2011. It has been submitted on behalf of the petitioner that out and out false and fabricated allegations have been made, which will appear from the fact that alleged sale deed was executed in the year 2009 and husband of the informant had died in the year 2011

Patna High Court Cr.Misc. No.4144 of 2018 (2) dt.02-02-2018 2/3 and the case has been lodged in the year 2017. Learned APP as well as learned counsel for the informant opposed the prayer for bail. Learned counsel for the informant submitted that sale deed itself shows impersonation of signature of husband of the informant.

Having heard both sides, in view of the above facts, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM - Cum - Sub Judge -X, Muzaffarpur, in connection with Hathori P.S. Case No. 167 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part two appear before

Patna High Court Cr.Misc. No.4144 of 2018 (2) dt.02-02-2018 3/3 the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T