Mumtaz Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12398 of 2017 Arising Out of PS.Case No. -15 Year- 2017 Thana -BUXAR INDUSTRIAL District- BUXAR ====================================================== Mumtaz Khan, son of Late Safat Khan, resident of Village- Sarimpur, P.S.- Buxar(Ind.) , District- Buxar.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Anil Kumar Singh, Advocate For the Opposite Party/s : Mr. Shailendra Kumar -1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-03-2017 Heard learned counsel for the petitioner.

The petitioner is apprehending his arrest in connection with Buxar (Ind.) P.S. Case No. 15 of 2017 registered for the offences punishable under Sections 419, 420 and 120B of the Indian Penal Code.

According to learned counsel for the petitioner, only allegation against him is that he prepared death certificate of his father in which date of death has been mentioned as 17.10.1980, whereas cousin brother of the petitioner has also obtained death certificate in which date of death has been mentioned as 6.2.1990 and thereafter mother of the petitioner has obtained death certificate in which a third date has been mentioned and there is nothing on record to show that any benefit has been derived from the aforesaid fact. It has further been submitted death of his father took place 37 years ago, as such, such type of mistake has occurred and there is no intention of the petitioner.

Patna High Court Cr.Misc. No.12398 of 2017 (2) dt.24-03-2017 2/2 Heard learned APP also.

Having heard both sides and in view of the above facts and circumstances of the case, let the petitioner, named above, in the event of his arrest or surrender in the court within a period of two weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar, in connection with Buxar (Ind.) P.S. Case No. 15 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further conditions that petitioner shall co-operate in the investigation and make himself available before the police as and when required and in the event of failure on his part to appear before the police on two consecutive dates, the prosecution shall be free to move for cancellation of his bail bonds and further petitioner will not induce any witness or tamper with the evidence.

(Vinod Kumar Sinha, J) spal/- U