Jai Prakash Mishra v. The State Of Bihar
Patna High Court Cr.Misc. No.28041 of 2015 (2) dt.22-07-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28041 of 2015 Arising out of PS.Case No. -138 Year- 2015 Thana -BUXAR District- BUXAR ====================================================== Jai Prakash Mishra, Son of Sri Shiv Shankar Mishra, Resident of Village Chhotaka Rajapur, P.S. Simari, District Buxar. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner :
Shri Vindhya Keshri Kumar, Sr. Advocate For the State :
Shri Dilip Kumar, APP ====================================================== CORAM: HONOURABLE SHRI JUSTICE DHARNIDHAR JHA ORAL ORDER 22-07-2015 Heard Shri Vindhya Keshri Kumar, the learned senior counsel appearing on behalf of the petitioner. The allegation against the petitioner is that the petitioner had manipulated the registration of the deed by removing one page, i.e., page no.3 of the document so as to enhancing the area of land covered by the deed. It was stated that in place of 11⁄2 kattha of land, by manipulation the petitioner had shown the execution of the deed in her favour in respect of 72.5 decimals of land.
Submission of Shri Kumar, the learned counsel for the petitioner is that the allegations are false on the face of it that the total consideration money was as per the published consideration rate per kattha prevailing in the locality as notified by the State Government. Submission also was that it
Patna High Court Cr.Misc. No.28041 of 2015 (2) dt.22-07-2015 is only one out of five sisters who had initiated the prosecution by filing the case.
Regard being had to the allegations which appear direct and are based on document, I am not inclined to direct the release of the petitioner on anticipatory bail. The prayer is dismissed. However, if the petitioner surrenders and prays for regular bail, it must be considered without being prejudiced by any order of rejection passed under Section 438 Cr.P.C. (Dharnidhar Jha, J.) Sanjay/- U T