Dismissed

Raja Ram Mishra v. The State of Bihar

Patna HC7 Jul 2021CR. MISC./85552/2019

Case brief

AI extract

What is this about?

The Patna High Court dismissed an application for anticipatory bail. The Court held that since the petitioners and informant are relatives engaged in a stalemate over documents and involving allegations of social media threats, the interim protection was withdrawn and the bail petition rejected.

What did the court decide?

Interim protection granted vide earlier order was withdrawn; anticipatory bail application was rejected.

Raja Ram Mishra Vs The State of Bihar — Cheating and Forgery | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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CRIMINAL MISCELLANEOUS No.85552 of 2019

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Arising Out of PS. Case No.-273 Year-2019 Thana- BAKHTIYARPUR District- Patna

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======================================================

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Raja Ram Mishra, aged about 23 years, male, Son of Sri Mohan Mishra 2. Priti Kumari, aged about 20 years, female, Daughter of Sri Mohan Mishra Both are Resident of Village- Rawaich, P.S.- Bakhtiyarpur, District- Patna.

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Amit Kumar Anand, Adv. For the Informant : Mr. Anil Kumar Singh, Adv. For the State : Mr. Anant Kumar 1, APP ======================================================

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... ... Opposite Party/s

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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR

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ORAL ORDER

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15 07-07-2021

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Heard Mr. Amit Kumar Anand, the learned

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Advocate for the petitioners and Mr. Anil Kumar Singh, the learned counsel for the informant. The State is represented by the learned APP.

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The petitioners seek bail in anticipation of their arrest in connection with Bakhtiyarpur P.S. Case No. 273 of 2019, dated 21.08.2019, instituted for the offences under

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Patna High Court CR. MISC. No.85552 of 2019(15) dt.07-07-2021 2/4

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Sections 420, 406, 385, 387 and 34 of the Indian Penal Code.

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Initially, this case was adjourned vide order dated 20.02.2020 on the submission of the parties that they are related to each other and that there was a possibility that the dispute could be settled by on going negotiations.

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An interim protection was also granted to the petitioners by the same order referred to above.

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Later, on the complaint made by the informant that her educational certificates are being kept by the petitioners, this Court vide order dated 17.05.2021 had directed the petitioners to return those certificates to her (informant). The learned counsel for the petitioner had agreed for the same.

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Today, it has been submitted on behalf of the petitioners that all the educational certificates of the informant are in his possession but nobody from the side of the informant has come to receive those.

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Mr. Anil Kumar Singh, the learned counsel for the

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informant had also submitted on the last occasion that it

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Patna High Court CR. MISC. No.85552 of 2019(15) dt.07-07-2021 3/4

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would be better if the educational certificates be given to his client, but today he submits that in the meantime, another case has been lodged by the informant against the petitioners with the allegation that she is being threatened of being maligned on social media.

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The petitioners and the informant are directly related to each other. It appears that the petitioners have brought their personal dispute to this Court and have been abusing the forum of law as a play-field.

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This Court is also of the view that the informant is also trying to play hide and seek and is using the aforesaid situation as a leverage in continuing with the investigation of the case.

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In any view of the matter, considering the rigid stand of the parties, this Court is of the view that the interim protection granted to the petitioners needs be withdrawn.

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However, this Court directs the Investigating Officer of this case to also inquire into the conduct of the informant for this stalemate.

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The prayer for grant of anticipatory bail of the

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Patna High Court CR. MISC. No.85552 of 2019(15) dt.07-07-2021 4/4

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petitioners is, accordingly, rejected.

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The application stands dismissed.

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(Ashutosh Kumar, J)

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Praveen-II/-

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U T

Raja Ram Mishra v. The State of Bihar

Case brief

What is this about?

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Raja Ram Mishra v. The State of Bihar

Case brief

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What did the court decide?

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