Disposed¶31

Sunita Devi v. The State of Bihar

Patna HC18 Apr 2025CR. MISC./29734/2024

Case brief

AI extract

What is this about?

Cancellation of anticipatory bail; bail procured by false statement and forged school transfer certificate (Annexure-3); victim's statement under Section 164 Cr.P.C./Section 183 BNSS recorded 15.07.2024; SSP Gaya report; surrender within one week; coercive steps for arrest; Registrar General enquiry; FIR against culprit; Konch P.S. Case No. 318 of 2023; Cr. Misc. No. 7019 of 2024; CR. MISC. No.29734 of 2024; Patna High Court; Arun Kumar Jha, J; Sunita Devi v. State of Bihar & Shushil Kumar.

What did the court decide?

Cancellation of the anticipatory bail granted to opposite party no. 2 Shushil Kumar vide order dated 20.02.2024 in Cr. Misc. No. 7019 of 2024; direction to surrender within a week, failing which coercive steps for arrest; enquiry by the Registrar General with liberty of suitable action including FIR. ¶31

Sunita Devi Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the anticipatory bail granted to opposite party no. 2 (Shushil Kumar) vide order dated 20.02.2024 in Cr. Misc. No. 7019 of 2024 should be cancelled on the ground that it was procured by wrong submission and a forged document. +1 more

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Court's answer

Considering that a forged document was produced and a wrong submission made before this Court to procure bail, the bail granted to opposite party no. 2, namely Shushil Kumar, vide order dated 20.02.2024 passed in Cr. Misc. No. 7019 of 2024 is cancelled ('and the same is hereby cancelled').

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Ratio / Principle

Opposite party no. 2 is directed to surrender before the concerned court within a week from the date of order.

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Key takeaways

If opposite party no. 2 does not surrender before the learned trial court within the stipulated period, the learned trial court is directed to take all coercive steps for his arrest.ratio¶28
The learned Registrar General of this Court is directed to conduct an enquiry into the making of the wrong submission/averment and production of the forged document, fix the responsibility of the person(s) involved, and take suitable action including lodging of FIR against the culprit.ratio¶29
The enquiry must be completed within two months and the report, with action taken against the culprit, placed before this Court.

Detailed headnote1 paragraphs

Anticipatory bail cancellation - bail obtained by false statement and forged document. Patna High Court (Arun Kumar Jha, J) cancelled the anticipatory bail granted to opposite party no. 2 Shushil Kumar vide order dated 20.02.2024 in Cr. Misc. No. 7019 of 2024 (Konch P.S. Case No. 318 of 2023), finding it was procured by (i) a wrong submission that the victim girl's Section 164 Cr.P.C. statement absolved him, when in fact her statement was recorded only on 15.07.2024 under Section 164 Cr.P.C./Section 183 of BNSS, and (ii) a forged school transfer certificate (Annexure-3), which SSP, Gaya reported was never issued by the school, the victim never having been enrolled there. Opposite party no. 2 was directed to surrender within a week, failing which the trial court was to take all coercive steps for arrest. The Registrar General was directed to enquire into the wrong submission/forged document, fix responsibility, take suitable action including lodging FIR, complete the enquiry within two months and report to the Court. Petition disposed of.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29734 of 2024

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Arising Out of PS. Case No.-318 Year-2023 Thana- KONCH District- Gaya

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

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Sunita Devi W/o Yogendra Yadav R/o vill - Digdhi, P.S. - Konch, Distt. - Gaya

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... ... Petitioner/s

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Versus

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The State of Bihar

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Shushil Kumar S/o Subodh Paswan R/o vill - Dighi, P.S.- Konch, Distt. - Gaya

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Ranjeet Kumar Mishra, Advocate For the State : Mr.Shyameshwar Dayal, APP For O.P. No. 2 : Ms. Mukul Kumari, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

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9 18-04-2025

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The instant application has been filed by the petitioner seeking cancellation of anticipatory bail granted to opposite party no. 2 Shushil Kumar vide order dated 20.02.2024 passed in Cr. Misc. No. 7019 of 2024 in connection with Konch P.S. Case No. 318 of 2023.

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Heard learned counsel for the petitioner as well as learned counsel appearing on behalf of opposite party no. 2 and the learned APP for the State.

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Learned counsel for the petitioner submits that the opposite party no. 2 got the anticipatory bail by making wrong submission and producing forged document. One of the submissions made on behalf of opposite party no. 2 at the time

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Patna High Court CR. MISC. No.29734 of 2024(9) dt.18-04-2025 2/5

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of hearing of the anticipatory bail petition was that the statement of the victim girl was recorded under Section 164 Cr.P.C. in which she did not whisper a single word against the petitioner but the said submission was completely wrong as the statement of the victim girl was not recorded when the hearing took place in Cr. Misc. No. 7019 of 2024. Learned counsel further submits that the statement of the victim girl was recorded under Section 164 Cr.P.C./Section 183 of BNSS on 15.07.2024. Thus, a false submission has been made before this Court. Learned counsel further submits that the document vide Annexure-3 has been filed in Cr. Misc. No. 7019 of 2024, which was purportedly a school transfer certificate issued by the Headmaster of Primary School, Jagdishpur, Konch, is a fraudulent document and the said certificate is forged and fabricated and this document was used for getting bail from this Court. Learned counsel further submits that a report has been called for from Senior Superintendent of Police, Gaya about authenticity of Annexure3 and SSP, Gaya has reported that the said certificate was not issued by the school and the victim girl was never enrolled in the said school. Thus, learned counsel submits that the opposite party no. 2 got bail from this Court by making false statement and by producing forged document and for this reason, the bail

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Patna High Court CR. MISC. No.29734 of 2024(9) dt.18-04-2025 3/5

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granted to opposite party no. 2 is liable to be cancelled.

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Learned counsel appearing on behalf of opposite party no. 2 has no answer to the allegations levelled by the learned counsel for the petitioner. Learned counsel for opposite party no. 2 very fairly admits the fact that on wrong instruction made on behalf of opposite party no. 2 a wrong submission has been made before this Court about statement of the victim girl being recorded under Section 164 Cr.P.C. absolving opposite party no. 2. Learned counsel further submits that Annexure-3 has been produced by the petitioner of Cr. Misc. No. 7019 of 2024 and the learned counsel has no means to verify the authenticity of the said document and she annexed the document in completely good faith.

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Learned APP for the State submits that a wrong averment has been made and forged document has been produced before this Court, the same needs to be dealt with by the Court with iron hand so that such occurrence is not repeated in future.

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Having regard to the submission made on behalf of the parties, I am much perturbed by the happening which took place during hearing of Cr. Misc. No. 7019 of 2024. Making wrong averment and submission before this Court and also

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Patna High Court CR. MISC. No.29734 of 2024(9) dt.18-04-2025 4/5

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filing forged document in order to procure bail is nothing but playing with the system of justice dispensation and deceiving the Court in furtherance of his nefarious design by the petitioner.. Such activity goes into the root of the matter and obstruct the justice delivery system. A party coming before this Court is supposed to come with clean hand and making wrong submission or producing forged document pollutes the fountain of justice delivery system. This is simply an unacceptable situation and needs to be hipped into bud lest it becomes alarming. Therefore, considering the fact that a forged document has been produced and wrong submission has been made before this Court in order to procure bail from this Court, I think it just and proper that the bail granted to opposite party no. 2, namely Shushil Kumar vide order dated 20.02.2024 passed in Cr. Misc. No. 7019 of 2024 be cancelled and the same is hereby cancelled and the opposite party no. 2 is directed to surrender before the concerned court within a week from the date of order.

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Learned counsel for the opposite party no. 2 is directed to inform opposite party no. 2, accordingly.

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However, it is made clear that if opposite party no. 2 will not surrender before the learned trial court within the stipulated period, the learned trial court is directed to take all

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Patna High Court CR. MISC. No.29734 of 2024(9) dt.18-04-2025 5/5

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coercive steps for arrest of opposite party no. 2.

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The learned Registrar General of this Court is directed to conduct an enquiry about making of wrong submission/averment and producing forged document and fix the responsibility of the person(s) involved and take suitable action including lodging of FIR against the culprit.

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The enquiry must be completed within two months and the report be placed before this Court with the action taken against the culprit.

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Accordingly, the present petition stands disposed

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of.

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(Arun Kumar Jha, J)

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DKS/-

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U T

Sunita Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sunita Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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