IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13971 of 2009 Sk. Zeyaullah @ Sk. Chote @ Sk Chotu, Son of Sk.Izhar, R/o Vill- Rakhahi, P.S. Shikarpur, Distt.West Champaran --- Petitioner Versus STATE OF BIHAR ----------- For the petitioner : M/S Anjana Prakash, Sr.Advocate Nadim Seraj, Advocate For the State : Mr.Surj Bansh Roy, A.P.P. --------------- 2 22-05-2009 Petitioner Sk. Zeyaullah @ Sk. Chote @ Sk Chotu finds himself in custody in connection with Bettiah Town P.S. Case No.480 of 2008 registered under Sections 420,467,471 and 120B I.P.C. on the allegation of one Sanaullah, brother of his deceased sister Shama Praveen that all the accused committed forgery in connivance with the police at the time of recording of the statement of Shama Praveen while she was undergoing treatment at Bettiah Hospital for the burn injuries as she was not in a position to give her statement and her thumb impression had been taken on the false and concocted statement, purported to have been given by her in order to screen the offenders. The statement of Shama Praveen , upon her death , resulting from the burn injuries sustained by her, became the dying declaration and was the basis for registration of Shikarpur P.S. Case No. 49 of 2008 registered under Section 304 B I.P.C. wherein all family members of the husband of the deceased had been impleaded. There is yet no declaration by any court of law that the statement given by Shama Praveen was forged and fabricated and procured by the accused by way of screening the offenders. In the facts and circumstances of the case, petitioner Sk. - 2 - Zeyaullah @ Sk. Chote @ Sk Chotu is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate , West Champaran at Bettiah in connection with Bettiah Town P.S. Case No.480 of 2008 NKS/- ( Abhijit Sinha, J )