Chandraket Rai @Chanderket Rai v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36069 of 2015 Arising Out of Complaint Case No. -1383 Year- 1993 Thana -EAST CHAMPARAN COMPLAINT District- EASTCHAMPARAN(MOTIHARI) ======================================================

1. Chandraket Rai @ Chanderket Rai S/o Late Ramsurat Rai Resident of village - Harsidhi Babu Tolla, P.S. Harsidhi, District - East Champaran .... .... Petitioner/s

Versus

1. The State of Bihar

2. Bhola Rai S/o Jagdish Rai Resident of village - Harsidhi Babu Tolla, P.S. Harsidhi, District - East Champaran .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. M.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 08-09-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The accusation against the petitioner is that he in connivance with officials of civil court made interpolation in judicial records for which a complaint case was filed in the year 1993. It would appear from perusal of impugned order that petitioner was declared absconder on 12.04.2012 but there is nothing in the impugned order to show that prior to passing of order dated 12.04.2012 any process was ever served upon the petitioner. The petitioner has specifically pleaded at para-6 of his petition that he had no knowledge about the institution of the

Patna High Court Cr.Misc. No.36069 of 2015 (2) dt.08-09-2015 2/2 present case and when he got knowledge, he voluntarily surrendered before the court below on 17.06.2015 and since then he is languishing in jail custody.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri D.C. Pandey, Judicial Magistrate 1st Class, Sadar, Motihari, East Champaran in connection with Complaint Case No. 1383 of 1993. (Hemant Kumar Srivastava, J) SHAHZAD/- U T