Dharmeshwar Rai @ Dhaneshwar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79597 of 2019 Arising Out of PS. Case No.-128 Year-2019 Thana- DURAULI District- Siwan ====================================================== 1.
DHARMESHWAR RAI @ DHANESHWAR RAI, Son of Bharat Rai Resident of Village - Dumrahar, P.S.- Darauli, Distt.- Siwan. 2.
Dharmendra Rai Son of Bharat Rai, Resident of Village - Dumrahar, P.S.- Darauli, Distt.- Siwan.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raghav Prasad, Adv.
For the Opposite Party/s :
Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 17-06-2020 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor.
After preparing forged, fabricated document relating to Bihar School Examination Board Rima Devi (Accused no.1) succeeded in getting employment under ICDS (Anganbari Sevika) and during course thereof, it has been alleged that both the petitioners have got active involvement.
Learned counsel for the petitioners drew attention towards Annexures 2 and 3 to justify his contention to the effect that actual date of birth of Rima Devi happens to be 21.02.1979 and not 21.02.1973 and so she applied for correction of the date of birth. At the present, the activity of Rima Devi is exposed from Annexure 2 itself which happens to be duplicate copy of
Patna High Court CR. MISC. No.79597 of 2019(4) dt.17-06-2020 2/2 registration card having cutting over one of the signatures and further, whether the same happens to be genuine or forged, still to be verified. That being so, for the present inconsisting over date of birth is found properly exposed.
In the aforesaid background, the prayer of petitioner no.1, Dharmeshwar Rai @ Dhaneshwar Rai for grant of anticipatory bail who happens to be the husband of Rima Devi is hereby rejected.
However, there happens to be no material available in the case diary relating to the activity of petitioner no.2, whereupon petitioner no.2, Dharmendra Rai in the event of his arrest or surrender within four weeks from today is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-III, Siwan in connection with Darauli P.S. Case No.128 of 2019 in terms of the conditions so laid down under section 438(2) of the Code of Criminal Procedure. (Aditya Kumar Trivedi, J) skpathak/- U T