Gulab Chandra Keshri @ Gulab Chand Keshari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83484 of 2019 Arising Out of PS. Case No.-28 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Munger ====================================================== 1.
GULAB CHANDRA KESHRI @ GULAB CHAND KESHARI Son of Late Parasnath Prasad Resident of Village - Near Netro Dame Academy, Nayagaon Albart Road, P.S.- Jamalpur, District- Munger 2.
Ritalal Keshari @ Rita Lal Wife of Gulab Chandra Keshri @ Gulab Chand Keshari Resident of Village - Near Netro Dame Academy, Nayagaon Albart Road, P.S.- Jamalpur, District- Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Samir Kumar, Adv.
Mr. Saurabh Singh, Adv.
For the Opposite Party/s :
Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-12-2019 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in a case registered under Sections 420, 467, 468, 471 & 120(B)/34 of the Indian Penal Code.
The prosecution case in brief is that on inquiry, the rent receipt produced by the petitioners at the time of furnishing bail bond, was found forged.
It has been submitted on behalf of the petitioners that there is no allegation of tampering alleged against the petitioners. The petitioners have been made accused in the present case due to mistake of fact. The petitioners were granted bail by the
Patna High Court CR. MISC. No.83484 of 2019(2) dt.17-12-2019 2/3 court below in East Colony P.S. Case No. 42 of 2017. Subsequently, after investigation, the police submitted final form in the aforesaid case. Later on, the parties entered into compromise. The dispute relates to a petty dispute between the parties. After grant of bail in the aforesaid case, the petitioners appeared before the court below for furnishing the bail bonds. Subsequently, it was found that the rent receipt submitted by the bailors was a fake document. The petitioners had no knowledge regarding the said document submitted by the bailors. They had no intention to commit any fraud. The present case has been instituted as the document submitted by the bailors was found to be fake. No act of fraud has been committed on the part of the petitioners nor the petitioners had any such intention. The petitioner No. 1 is a practicing doctor and the petitioner No. 2 is a scientist presently posted at Science Centre, Munger. It is further submitted that the petitioners shall cooperate during trial.
On behalf of the state, it is submitted that the petitioners are named in the FIR.
Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/-
Patna High Court CR. MISC. No.83484 of 2019(2) dt.17-12-2019 3/3 (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Ist, Munger in connection with Complaint Case No. 28C2 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) A.K.V.//- U T