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Patna High Court

Rinku KumariversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The bail of the accused is not cancelled as there is no sufficient ground for such cancellation.

Summary

The petitioner, Rinku Kumari, filed a petition seeking cancellation of the bail granted to the accused, Sunil Kumar Thakur, alleging that he had submitted a forged Panchnama dated 28‑08‑2022 and had threatened her and her family. The accused contended that the Panchnama was genuine and that any variation in the petitioner’s name was due to her using both 'Rinku Kumari' and 'Rinku Devi' in different filings, and denied any threats. The High Court examined the record and found no cogent material to support the threat allegation, and noted that the forgery claim was not raised before the Sessions Court where the document was first produced. Since the Panchnama had already been admitted as evidence and the petitioner had not challenged its authenticity earlier, the Court held that the matter should be dealt with by the Sessions Court. Consequently, the Court found no sufficient ground to cancel the bail and dismissed the petition.

Issues considered

  • Whether the bail granted to the accused should be cancelled on the ground of alleged forgery and fabrication of the Panchnama dated 28‑08‑2022.
  • Whether there is sufficient evidence to substantiate the allegation that the accused threatened the petitioner and her family members.

Subjects

  • bail
  • forgery
  • fabricated document
  • threat
  • cancellation of bail
  • criminal miscellaneous
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.78095 of 2025
                   Arising Out of PS. Case No.-218 Year-2024 Thana- BIHARIGANJ District- Madhepura
                 ======================================================
                 Rinku Kumari W/O Bechan Das R/o village - Gopalpur, Ward no.- 5, Chank
                 faizullah, P.O- Gopalpur, P.S- Udakishunganj, Dsitrict- Madhepura

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Sunil Kumar Thakur S/O Bhupendra Thakur R/O Vill.- Hathiyondha, Ward
                 No.- 03, Bihariganj, Dist- Madhepura

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Mukesh Kumar Singh, Advocate
                                                 Mr.Arinjay Kumar, Advocate
                                                 Mr. Shivam Kumar, Advocate
                 For the State            :      Mr.Manoj Kumar, APP
                 For the O.P.No.2         :      Mr. Bhola Prasad, Advocate
                                                 Mr. Ashok Kumar No.6, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

5   03-04-2026                      Heard learned counsels for the respective parties.

                                 2. The present petition has been filed on behalf of the

                   petitioner seeking cancellation of bail granted to opposite party

                   no.2 vide order dated 20.08.2025 passed in Cr. Misc. No.21955

                   of 2025 by this Court.

                                 3. The learned counsel for the petitioner submits that

                   the petitioner has sought cancellation of bail on the ground that

                   the opposite party no.2 filed a forged and fabricated document,

                   i.e., Panchnama dated 28.08.2022 which has been annnexed as

                   Annexure-P/2 with Cr. Misc. No.21955 of 2025. However, the

                   said document was never executed by the petitioner and she
Patna High Court CR. MISC. No.78095 of 2025(5) dt.03-04-2026
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          never entered into any compromise. The opposite party no.2

          misled this Court on the basis of forged document in order to

          procure bail. The learned counsel further submits that opposite

          party no.2 made a Panchnama on the basis of forged signature

          of the petitioner as the petitioner has filed the present case as

          Rinku Kumari and signature on the Panchnama was put as

          Rinku Devi. The petitioner completely denies the fact that she

          ever executed such document. The learned counsel further

          submits that the opposite party no.2 has also given threat to the

          family members of the petitioner and has been putting pressure

          upon her to compromise the case. On these two grounds, the

          petitioner seeks cancellation of bail of the opposite party no.2.

                       4. On the other hand, learned counsel appearing on

          behalf of the opposite party no.2 vehemently contends that the

          opposite party no.2 never threatened the petitioner or her family

          members and completely false allegation has been made on this

          account. The learned counsel further submits that so far as

          allegation of filing a forged and fabricated Panchnama dated

          28.08.2022, which has been annnexed as Annexure-P/2 with Cr.

          Misc. No.21955 of 2025 is concerned, the same is a genuine

          document. The petitioner used to sign her name as Rinku Devi

          as well as Rinku Kumari as is apparent from her complaint filed
Patna High Court CR. MISC. No.78095 of 2025(5) dt.03-04-2026
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          earlier against one Nawal Kishore Jaiswal vide Complaint Case

          No. 168/2022 wherein the petitioner put her signature as Rinku

          Devi and also mentioned her name as Rinku Devi. There is no

          forgery in the signature of the petitioner. The learned counsel

          further submits that if the name of the petitioner is Rinku

          Kumari and she has earlier filed complaint case in the name of

          Rinku Devi, it is a matter of investigation as to why the present

          complaint case which has been converted in the FIR bearing

          Bihariganj P.S. Case No. 218/2024 dated 30.06.2024 has been

          filed in the name of Rinku Kumari. It rather shows the petitioner

          has not even signed the present complaint and the complaint has

          been filed at the instance of the some other person and the

          petitioner is being used as a tool to harass the opposite party

          no.2 who has serious dispute with one Santosh Singh. The

          learned counsel further submits that except for these two

          grounds, there is no other ground for cancellation of bail.

          However, perusal of the order dated 20.08.2025 passed in Cr.

          Misc. No.21955 of 2025 shows this Court after considering all

          the facts and circumstances and taking note of doubtful nature

          of allegation against the petitioner (opposite party no.2 herein)

          and also considering the period of custody of the opposite party

          no.2 and his clean antecedent as well as submission of charge
Patna High Court CR. MISC. No.78095 of 2025(5) dt.03-04-2026
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          sheet, granted bail to opposite party no.2 and there is no ground

          for cancellation of bail.

                       5. Perused the record.

                       6. From perusal of record, I find that the present

          petition has been filed by the petitioner with allegation of

          opposite party no.2 giving threats to the petitioner and her

          family members, which is not supported by any cogent material,

          with further allegation of the petitioner about commission of

          forgery and fabrication of the Panchnama dated 28.08.2022,

          which has been annnexed as Annexure-P/2 with Cr. Misc.

          No.21955 of 2025. Except for these two grounds, no other

          ground has been laid before this Court for cancellation of bail.

          Since the allegation of extending threats by the opposite party

          no.2 is not supported by any cogent material, the allegation is

          not worth consideration. On the other hand, as the Panchnama

          dated 28.08.2022 has already been annexed before the learned

          Sessions Court, any claim of it being a forged and fabricated

          document by the petitioner should have been raised at the first

          instance before the court concerned where the document was

          first produced. But the petitioner did not do so. Since the

          document has already been produced before the learned

          Sessions Court, considering the nature of allegation, liberty is
           Patna High Court CR. MISC. No.78095 of 2025(5) dt.03-04-2026
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                     granted to the petitioner to raise this issue before the learned

                     Sessions Court where Panchnama dated 28.08.2022 was first

                     produced and the said court would look into the matter and take

                     steps to verify the genuineness of said document and signature

                     of the petitioner.

                                  7. At the same time, finding no ground for

                     cancellation of bail, the present petition is dismissed.



                                               (Arun Kumar Jha, J)
V.K.Pandey/-

U      T


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