Patna High CourtCR. MISC./49305/2015dismissed

Ganesh Dutt Ram v. The State Of Bihar

2016-03-09Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49305 of 2015 Arising out of PS.Case No. -209 Year- 2015 Thana -CHAPRA TOWN District- SARAN ====================================================== Ganesh Dutt Ram, Son of Sri Singhasan Ram, resident of VillageDhanauri, Police Station- Awatarnagar, District- Saran at Chapra. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Krishna Kumar Yadav, Advocate. For the Opposite Party : Mr. Anish Chandra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-03-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Chapra Sadar P.S. Case No. 209 of 2015 for the offences instituted under Sections 409 and 201 of the IPC. The prosecution story, in brief, is about missing of the record of Title Suit No.150 of 1984 and Miscellaneous Case No.14 of 1998 and on enquiry it was found that the petitioner is responsible for that, which shows he is negligent and reluctant towards discharging of his duty. Hence, a Criminal Case was instituted against the petitioner, who is a retired clerk of the Civil Court.

It has been submitted on behalf of the petitioner that the

Patna High Court Cr.Misc. No.49305 of 2015 (5) dt.09-03-2016 2/2 petitioner has got no criminal antecedent. The petitioner has been made accused in the present case due to mistake of fact. There is no substantive piece of evidence to show the participation of the petitioner in the alleged occurrence.

On behalf of the State it has been submitted that the petitioner is none else but the employee of the Civil Court who had tried to tamper with the records of the Civil Court. Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner. The same is rejected in Chapra Sadar P.S. Case No. 209/2015, pending in the court of the learned C.J.M., Saran at Chapra. Anyhow, if the petitioner surrenders in the court below the same shall be considered on its own merit without being prejudiced by this order.

U.K./- (Sudhir Singh, J) U T