IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.50283 of 2008 REKHA DEVI Versus STATE OF BIHAR & ANR ----------- For the petitioner: Mr. S.R. Bakshi, Sr. Advocate. Mr. Rahul Nath, Adv. For the State : Mr. Parmeshwar Mehata, A.P.P. ---------------- 5. 19.07.2010 This is an application for cancellation of bail granted to the O.P. Binod Lal Tatak vide this Court’s order dated 21.7.2008 under Cr. Misc. No. 24980 of 2008. The case was under Section 420 and other ancillary Section I.P.C. and the allegation in the complaint being that the petitioner and co-accused Binay Lal who are cousin brothers obtained signature of complainant’s mother on Vakalatnama and blank papers and they fraudulently used the same as compromise petition before Lok Adalat in compromising Partition Suit No. 340 of 2006. The submission before this Court on behalf of the petitioner was that the papers produced were genuinely signed but due family dispute complaint had been filed. Learned counsel for the petitioner sought the bail cancellation on two grounds. Firstly it was argued that in the complaint petition the allegation of misrepresentation before the Lok Adalat was also made in the way that wrong persons were produced to depose in the name of genuine persons in support of the compromise. The second ground is that the O.P. Bind Lal Tatak had abused and threatened the witnesses in order to prevent them from deposing before the trial court. The learned A.P.P. who argued for the O.P. submitted that the matter of false impersonation is already being examined by the trial 2 court and the complainant has not been able to produce any witnesses in support of this allegation. As to the second ground of threatening of witnesses is concerned, learned A.P.P. submitted that a petition (Annexreu-3) with general and omnibus allegation was filed before the trial court that the accused had threatened the witnesses and that any specific allegation was not leveled against any particular accused i.e. the O.P. In the facts and circumstances, I do not find it a fit case for cancellation of bail. Therefore, the prayer for cancellation of bail is rejected. However, in the facts and circumstances of the case, it is observed that trial court will see that the trial is expedited and concluded preferably within two months. (C. M. Prasad, J.) Ravi/-