MITU MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the State.

(2.) Petitioner is accused in Complaint Case No. 908C of 2002 filed by the Registrar General of the High Court of Judicature at Patna in the Court of Chief Judicial Magistrate, Patna for the offence under Sections 193, 196 and 200 of the Penal Code as it is alleged thereunder that the petitioner fraudulently suppressed relevant informations from this court as was required to be furnished in terms of the Standing Order No. 6 of 86 issued under the Rules of the Patna High Court and proceeded to file on 26.3.2001 Cr. Misc. No. 8921 of 2001 for grant of bail under Sections 439 and 440 of the Code of Criminal Procedure in Hilsa RS. Case No. 226 of 2000 registered for offence under Sections 341, 342, 376(2)(g) and 120B of the Indian Penal Code for which purpose he had already filed Cr. Misc. No. 33638 of 2000.

(3.) It so happened that the petitioner alongwith others became accused in connection with Hilsa RS. Case No. 226 of 2000 registered for the aforesaid offence ^ alleging that this petitioner alongwith two others committed rape on the person of the informant, Sanjoga Devi. The attempt of the petitioner for securing bail in the said case was rejected upto the Sessions Court and thereafter he filed Cr. Misc. No. 33638 of 2000 under Sections 439 and 440 of the Code of Criminal Procedure for grant of bail in that case in this Court. While that application remained pending, petitioner engaged another counsel and filed another Cr. Misc. No. 8921 of 2001 on 26.3. 2001 praying for bail in that very case again. In the subsequent application petitioner fraudulently suppressed the information that he has already filed bail application for grant of bail in the said Hilsa P.S. Case No. 226 of 2000 vide Cr. Misc. No. 33638 of 2000. Said information was required to be given in the subsequent bail application, bearing Cr. Misc. No. 8921 of 2001 as per Standing Order No. 6 of 86 issued under the Rules of the Patna High Court. Failure to include the said information in the subsequent bail application made out offence of giving/ using false evidence punishable under Sections 193, 196 and 200 of the Penal Code. When the aforesaid suppression of relevant fact in judicial proceeding came to the notice of this Court then this Court issued notice to the petitioner as also to his Pairvikar and after hearing them, passed order dated 6.9.2001 holding as follows: