IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22352 of 2009 1. KALIKANT JHA, son of Late-Jogan Jha. 2. VIJAY JHA @ VINAY KUMAR JHA, son of Kalikant Jha. 3. LUCHAI JHA @ CHANDRAKANT JHA, son of Digamber Jha. All are residents of Bardaipur, P.S.-Kuluwahi, District-Madhubani. ……..Petitioners Versus The State Of Bihar ……Opposite Party ----------- 02. 31.07.2009 This application is not being pressed in respect of petitioner No. 1 who has since been arrested. Petitioners apprehend arrest in a complaint case being C.R. No. 382 of 2008 appertaining to T.R. No. 729 of 2008 pending before the Chief Judicial Magistrate, Madhubani instituted under Sections 341, 323, 379, 504 of the Indian Penal Code read with provisions of atrocities towards S.C. S.T. Act. On behalf of the petitioners, it is pointed out that the informant first filed Samastipur P.S. Case No. 36 of 2007. Police after investigation found the case false and prayed for prosecution of the informant under Sections 182 and 211 of the Indian Penal Code. On such final form being filed, the informant protested and it is on basis of the said protest the present complaint has been instituted and cognizance taken. Petitioners submit that a reference to the final form as filed would clearly show that the actual dispute related to a piece of land in respect of which as - 2 - between the parties and Section 144 proceedings has been initiated and recently decided in favour of the accused persons. It is because of that this false case has been lodged. In the facts and circumstances stated above, let the petitioner namely 1. Vijay Jha @ Vinay Kumar Jha 2. Luchai Jha @ Chandrakant Jha in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on Anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhubani in connection with C.R. No. 382 of 2008 corresponding to T.R. No. 729 of 2008 subject to the conditions as laid down under Section 438(2) of the Cr. P.C. Shageer (Navaniti Prasad Singh, J)