Patna High Court granted the petitioner provisional anticipatory bail for 12 weeks in a cheating and assault case, conditioned on the verification of the informant's signature on a marriage certificate alleged to be falsified.
Petitioner released on provisional anticipatory bail for 12 weeks with bail bond of Rs. 10,000 and two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6796 of 2013 ====================================================== Mahesh Prasad Srivastava son of Late Lakshman Prasad .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER
3 01-10-2013 Heard learned counsels for the petitioner and the State. Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 354, 468, 471, 506 of the I.P.C. It is alleged that petitioner used to threaten the informant by claiming to have performed marriage with the informant. The marriage is being denied by the informant.
It is submitted by learned counsel for the petitioner that marriage certificate is on record which bears the signature of the informant.
It is submitted by learned A.P.P. for the State that case diary does not reflect that signature of the victim on the marriage certificate has been verified by the expert and the investigation is still pending.
Patna High Court Cr.Misc. No.6796 of 2013 (3) dt.01-10-2013
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It is expected from the Investigating Agency to get the signature of the informant on the marriage certificate verified.
Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on provisional anticipatory bail till verification of the signature of the informant on the marriage certificate, on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna in connection with Fulwari Sharif P.S. Case No. 143 of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
If during verification, it will find that marriage certificate bears the signature of the informant then provisional bail of the petitioner will be confirmed by learned court below. But, if the expert opinion suggest otherwise, then petitioner will surrender and pray for regular bail.
Shageer/-
(Dinesh Kumar Singh, J)
3 issues framed by the court
Whether to grant provisional anticipatory bail pending verification of the marriage certificate signature in a case involving allegations of cheating.
Whether the investigation into the genuineness of the marriage certificate is complete before considering anticipatory bail.
What conditions must be satisfied for the petitioner to be released on bail while waiting for expert verification of documents.
1 provisions across 1 enactments
Mahesh Prasad Srivastava
The State Of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
