High Court Patna High Court - Orders

Mahendra Prajapati vs The State Of Bihar on 2 July, 2010

Patna High Court – Orders
Mahendra Prajapati vs The State Of Bihar on 2 July, 2010
           IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Cr.Misc. No.22025 of 2010
                       MAHENDRA PRAJAPATI
                              Versus
                       THE STATE OF BIHAR
                           -----------

2 02.07.2010 Heard learned counsel appearing on behalf

of the petitioner and learned counsel appearing

on behalf of the State.

The petitioner is in custody in

connection with Tekari P.S. No. 102 of 2009 for

offences punishable under Sections 406, 409,

420/34 of the Indian Penal Code.

Taking into consideration the

circumstances and the submissions of learned

counsel for the petitioner that the allegations

set out in the F.I.R. arises out of a civil

dispute between the parties who are agnates and

that even before the genuineness of the death

certificate of Marni Devi could be tested, the

instant case has been instituted at the

instance of the Circle Officer who is an

I.A.S.(probationer) and considering his

submissions that in any view of the matter a

plain reading of the allegations do not make

out any case under Section 406, 409 and 420 of

the Indian Penal Code against the petitioner,

let the petitioner namely,

Mahendra Prajapati be released on bail
2

on furnishing bail bonds of Rs. 10,000/- with

two sureties of the like amount to the

satisfaction of learned Chief Judicial

Magistrate, Gaya in connection with Tekari P.S.

No. 102 of 2009.

Bibhash                                   ( Jyoti Saran, J.)