Jiyalal Rai And ANR v. State Of Bihar And ANR
Patna High Court Cr.Misc. No.57351 of 2017 (2) dt.03-01-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57351 of 2017 Arising Out of PS.Case No. -1198 Year- 2014 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ======================================================
1. Jiyalal Rai, Son of Late Bishundeo Rai,
2. Dev Nandan Mahto, Son of Late Janak Mahto, Both resident of VillageChakbir @ Madapur, P.S.- Kudhani (Phakuli O.P.), District- Muzaffarpur. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Sanjhariya Devi, W/o Ramji Mahto, Both resident of Village- Chakbir @ Madapur, P.S.- Kudhani, District- Muzaffarpur. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nachiketa Jha For the Opposite Party/s : Mr. Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-01-2018 Heard both sides.
The petitioners apprehend their arrest in Complaint Case No.1198 of 2014 registered under Sections 467, 468 and 420 of the Indian Penal Code.
The complainant alleged that Jiyalal Rai, petitioner No.1 impersonated her father-in-law, Deni Mahto and got a sale deed executed in favour of his father, late Bishundeo Rai. It is further alleged that her father-in-law, Deni Mahto died in the year 1991.
The learned counsel for the petitioners submits that Deni Mahto executed the sale deed in the year 1995. Deni Mahto
Patna High Court Cr.Misc. No.57351 of 2017 (2) dt.03-01-2018 died in the year 1997. An inquiry was held with regard to the death certificate of Deni Mahto and it was found that in fact, Deni Mahto died in the year 1997 and false death certificate was issued. Consequently, the same was cancelled vide Annexure 2. Considering the facts aforesaid and the nature of allegation made against the petitioners, the petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order are directed to be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Sunil Kumar Tripathi, learned J.M. 1st Class, Muzaffarpur in connection with Complaint Case No.1198 of 2014, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Saurabh/- U T