Shankar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74779 of 2023 Arising Out of PS. Case No.-228 Year-2022 Thana- CHANDAN District- Banka ====================================================== 1.

SHANKAR DAS SON OF LATE BHOJAN DAS R/O VILLAGEPAILWA, P.S.- CHANDAN, DIST.- BANKA 2.

FULIYA DEVI WIFE OF SHANKAR DAS R/O VILLAGE- PAILWA, P.S.- CHANDAN, DIST.- BANKA ... ... Petitioner/s

Versus

THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajib Ranjan Jha, Adv.

For the Opposite Party/s :

Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-12-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2.

Petitioners apprehend their arrest in a case registered for the offence punishable u/s 406, 419, 420/34 of the IPC. 3.

At the outset, learned counsel for the petitioners seeks permission to withdraw this application with regard to petitioner no.1, who has been apprehended by the police, during pendency of this application.

4.

Prayer is allowed.

5.

This application with regard to petitioner no.1 is accordingly dismissed as withdrawn and now it is being heard for consideration of anticipatory bail of petitioner no.2 only.

Patna High Court CR. MISC. No.74779 of 2023(2) dt.04-12-2023 2/3 6.

The prosecution case, in brief, is that the accused persons are involved in submitting forged and fabricated copy of Parwana (related to settlement of land) and when show-cause was asked by the C.O., Chandan, the petitioners failed to give any reply.

7.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. She has been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged has ever taken place. It is submitted that the land in question is not in possession of the petitioner and if the said parwana was based on forged document, the concerned Officer would have cancelled the same but with an oblique motive, this case has been lodged against the petitioner. Petitioner no.2 has no criminal antecedent.

8.

Learned APP for the State opposed the prayer for bail. 9.

Having regard to the facts and circumstances of the case, considering the nature of allegation and that petitioner is a lady, let the above named petitioner no.2, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two

Patna High Court CR. MISC. No.74779 of 2023(2) dt.04-12-2023 3/3 sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Chandan P.S. Case No.228 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. 10.

This application is partly allowed.

(Anjani Kumar Sharan, J) pallavi/- U T