Suman Kumar vs The State Of Jharkhand on 8 August, 2017

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Jharkhand High Court

Suman Kumar vs The State Of Jharkhand on 8 August, 2017

Bench: Anil Kumar Choudhary

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                 A.B.A. No. 4643 of 2017

             Suman Kumar                                   ...        Petitioner

                                             Versus
            State of Jharkhand                             ...       Opp. Party


         Coram:   HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

        For the Petitioner       : Mr. R.S. Mazumdar, Sr. Adv.
        For the State             : Addl. P.P.


03 /08.08.2017

Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Barhet P.S. Case No. 28 of 2017 (G.R. No. 317 of 2017) registered under section 420/471/120B of the Indian Penal Code.

Heard the learned senior counsel for the petitioner and the learned Addl. P.P. for the State.

The learned senior counsel for the petitioner submits the allegation against the petitioner is that the petitioner has appeared as Gautam Kumar in the matriculation examination of the year 1986 where his date of birth has been mentioned as 14.11.1969 and thereafter in the year 1987 he appeared again in the matriculation examination mentioning his name Suman Kumar in which his date of birth has been mentioned as 05.04.1971. The learned senior counsel, further, submitted that there was an incident of fire in the house of the petitioner and all his certificates were burnt and after that incident he again appeared for the matriculation examination with the name Suman Kumar. It is, further, submitted that there is no offence of cheating or using any forged document as a genuine, as there is no allegation that the certificates filed by the petitioner is forged in any manner. He further submits that the petitioner is ready and willing to furnish sufficient security including cash security. Hence, the petitioner be given the privilege of anticipatory bail.

Learned Addl. P.P. opposes the prayer for grant of anticipatory bail.

Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the petitioner - Suman Kumar be admitted to anticipatory bail. Hence, in the event of his arrest or surrender within a period of four weeks from the date of this order, he shall be released on bail on depositing cash security of Rs. 10,000/- and furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sahibganj, in connection with Barhet P.S. Case No. 28 of 2017 (G.R. No. 317 of 2017) with the condition that he will co- operate with the investigation of the case and will appear before the Investigating Officer, as and when noticed by him and subject to the conditions as laid down under section 438 (2) Cr. P.C. (Anil Kumar Choudhary, J.) Sonu-

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Jharkhand High Court