Krishna Kant Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5479 of 2024 Arising Out of PS. Case No.-196 Year-2020 Thana- RAJPUR District- Buxar ====================================================== Krishna Kant Singh S/O Late Kameshwar Singh Village- Devidehri, Ps. Rajpur, Dist. Buxar.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Murari Mishra, Advocate For the Opposite Party/s :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Rajpur P.S. Case No. 196 of 2020 dated 21.08.2020, instituted for the offence punishable under Sections 406, 420, 463, 468, 120(B) of the Indian Penal Code.

3. The prosecution case, in short, is that, informant alleged that petitioner has obtained a forged and false affidavit and submitted the same to the Circle Officer, Chousa in which it has been mentioned that Janki Devi and Jamuni Devi are the daughters of Moti Singh but the fact is that the said Janki Devi and Jamuni Devi are the daughters of Manbasiya Devi who is the first wife of the Haridhyan Singh. It is further alleged that with intention to grab share of the first wife of Haridhyan Singh,

Patna High Court CR. MISC. No.5479 of 2024(2) dt.17-02-2024 2/3 the petitioner has prepared the said false document.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that both the parties are close agnates. After investigation police submitted final form on 30.04.2022 in the present case but the learned Court below has taken cognizance for the offence under Section 420, 467, 468, and 471 of the I.P.C. vide order dated 27.05.2023. It is further submitted that there is a land dispute between the parties for which a title suit bearing Title Suit No. 235 of 2014 is pending for final adjudication. The said title suit was filed by the informant against petitioner and others. It is submitted that both the parties have compromised and a compromise petition has also been filed before the S.D.J.M. Buxar. Lastly, it has been submitted that the petitioner has no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Rajpur P.S. Case No. 196 of 2020, he/they shall be released on anticipatory bail upon

Patna High Court CR. MISC. No.5479 of 2024(2) dt.17-02-2024 3/3 furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) Sankalp/- U T