IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1199 of 2008 BIBI ROUSAN ARA Versus STATE OF BIHAR & ORS ----------- 2. 26.03.2009 The petitioner’s prayer is for an investigation into the matter of impersonation by respondent No.8 Guddu for obtaining the bail in the name of Ilyas @ Md. Ilyas in complaint case No.1067 of 2003 before SDJM, Katihar. The petitioner Bibi Roushan Ara was complainant under complaint case No.1067 of 2003 under Section 323, 341, 379 and 427 of the Indian Penal Code and 24 C.T. Act against accused Ilyas @ Md Ilyas (respondent no.7) and 8 others and cognizance of offence was taken and thereafter all nine accused were allowed bail by the learned SDJM. On 1.8.2007 the bail bonds of all the nine accused was cancelled due to their absence in Court. In the meantime, one of the accused, namely, Bibi Hadish Khatoon died. On 6.6.2008 eight accused including respondent no.7 Ilyas @ Md. Ilyas filed bail application, but on call neither the accused nor their counsel appeared, hence, the bail application of the accused was rejected and ordered to be kept on record. On 9.6.2008 all the eight accused persons surrendered in Court by filing a bail petition but the bail petition was not pressed on that date. Hence, all the eight accused were remanded to custody and it was on 10.6.2008 that accused persons including the respondent no.7 Ilyas @ Md. Ilyas moved bail petition. At that stage, the complainant, who is the petitioner here, filed a petition with affidavit alleging that - 2 - accused Ilyas @ Md. Ilyas in custody was not actual accused Ilyas @ Md. Ilyas but he was being impersonated by his younger brother Guddu, respondent no.8 here. On such objection raised by the complainant/petitioner, Md. Mistar, the father of Ilyas @ Md. Ilyas filed an affidavit on 11.6.2008 before learned SDJM stating that the accused, who surrendered in the name of Ilyas @ Md. Ilyas and who was in custody was not imposter but actually Ilyas @ Md. Ilyas. The complaint/petitioner insisted on his claim. Due to this the learned SDJM vide his order dated 11.6.2008 called for a report from the concerned officer-in-charge as well as Mukhiya of the concerned Gram Panchayat. On 16.6.2008 the complainant filed the report of Mukhiya along with signature of several villagers stating that the accused who was in custody in the name of Ilyas @ Md. Ilyas was not actual Ilyas. The sarpanch of the Gram Panchayat had submitted a report dated 19.6.2008 to the effect that the accused in custody in the name of Ilyas @ Md. Ilyas was actual person. The learned Magistrate vide his order dated 21.6.2008 considering the matter and finding that there was contradictory reports regarding genuineness of accused Ilyas @ Md. Ilyas, allowed bail to respondent no. 7 with conditions. The learned counsel for the petitioner further submits that called for report of the officer-in-charge of the concerned P.S. was also received subsequently under his report dated 1.8.2008 (Annexure-5) and in the report the officer-in-charge reported that the accused in custody in the name of Ilyas @ Md. - 3 - Ilyas was not actual Ilyas @ Md. Ilyas. The learned counsel also submits that subsequently the Surpanch of the Gram Panchayat did also submit his report dated 2.7.2008 before the court below stating that his earlier report was passed on wrong information and that the accused Ilyas @ Md Ilyas in custody was not actual Ilyas @ Md. Ilyas. On above materials, the learned counsel for the petitioner submits that in this case there are sufficient materials to indicate that the accused Ilyas @ Md. Ilyas had not actually surrendered before the court below and that respondent no.8 Guddu had impersonated in the name of Ilyas @ Md. Ilyas. In this respect an enquiry into the matter is desirable to be conducted by the court below. Therefore, it is hereby directed that the petitioner/complainant will appear before the court below and pointing the above materials and pray for appropriate action against respondent no.8 Guddu for impersonating in the name of Ilyas Md. Ilyas by way of surrendering in Court in the name of Ilyas Md. Ilyas. The court below is hereby directed to make an enquiry into the matter and take proper action under Section 340 of the Code of Criminal Procedure. The enquiry will be completed as soon as possible. This writ application is disposed of with above observation. (C.M. Prasad, J.) Ravi/-