Kuseshwar Kunwar @ Kuseshwar Kuvar @ Kuseshwar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71351 of 2019 Arising Out of PS. Case No.-1269 Year-2018 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== 1.
KUSESHWAR KUNWAR @ KUSESHWAR KUVAR @ KUSESHWAR KUMAR Son of Late Anandi Kunwar Resident of Village - Makhnaha, P.S.- Banmankhi, Distt - Purnia.
2.
Neeraj Kunwar @ Niraj Kumar Son of Kuseshwar Kunwar @ Kuseshwar Kuvar @ Kuseshwar Kumar Resident of Village - Makhnaha, P.S.- Banmankhi, Distt - Purnia.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Satyendra Kunwar Son of Indeshwari Kunwar Resident of Village - Makhnaha, ward no. 12, P.S.- Banmankhi, Distt - Purnia. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dr. Bidhu Ranjan For the Opposite Party/s :
Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-12-2019 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.
This is an application for grant of anticipatory bail in connection with Complaint case no. 1269 of 2018 registered for the offences punishable under Sections 467, 468, 471, 420, 120B of Indian Penal Code.
The allegation is regarding the petitioners having produced a forged C.T. Scan report regarding fracture in the leg of the petitioner no. 2 for the purposes of proving the allegation levelled in the F.I.R. lodged by the petitioner no. 2, whereupon the
Patna High Court CR. MISC. No.71351 of 2019(2) dt.11-12-2019 2/3 connected case has been lodged against the petitioners and the doctor namely Bimal Kr. Saha by the informant of this case. The learned Senior counsel for the petitioners has submitted that the petitioners have been falsely implicated in the present case, inasmuch as the daughter of the opposite party no. 2 had filed a case earlier against the petitioners and others, however the petitioners have been granted bail in the said case. It is further submitted that the opposite party no. 2 has filed a third case alleging therein that the injury report/ C.T. Scan report produced by the petitioners, to prove the allegation in the case lodged by the petitioner no. 2, is fabricated and has merely been filed with the motive of harassing the petitioners. It is further submitted that the doctor in question has already been granted bail by a co-ordinate Bench of this Court vide order dated 07.11.2019 passed in Cr. Misc. no. 66575 of 2019.
Having regard to the facts and circumstance of the case, I deem it fit and appropriate to admit the petitioners to the privilege of anticipatory bail. Accordingly, the abovenamed petitioners, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the
Patna High Court CR. MISC. No.71351 of 2019(2) dt.11-12-2019 3/3 satisfaction of learned C.J.M. Purnea in connection with Complaint case no. 1269 of 2018 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. (Mohit Kumar Shah, J) rinkee/- U T