IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33669 of 2008 MOHAN KUMAR DAS @ MOHAN DAS S/o Tilo Das, R/o Mohalla- Gangjala, Ward No. 8/17, P.S. Saharsa, District Saharsa Versus 1.The STATE OF BIHAR 2. Shanti Devi w/o Late Bijendra Das R/o Mohalla- Gangjala, Ward No.9 P.S. & District - Saharsa ----------- 2. 1.10.2008 Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case for the offences registered under Sections 323, 341 and 376 of the Indian Penal Code. It is submitted that though allegation has been made against the petitioner, however, during investigation, police found the allegation to be false and submitted final form and the same was accepted. However, on the basis of protest petition filed by the complainant, cognizance has been taken against this petitioner. It is further submitted that as a matter of fact, the complainant filed the above case for ulterior purpose as admittedly there is land dispute and prior to the lodging of this case in the year 2005 the complainant filed a case for the offence under Section 354 of the Indian Penal Code against all the family members of this petitioner. The same complaint however, was later on dismissed vide Annexure-6 - 2 - Learned counsel for the State is not in a position to refute the submission on behalf of the petitioner. Considering the submissions as made above, it is directed that in the event of arrest or surrender within a period of six weeks from today, the petitioner, namely, Mohan Kumar Das @ Mohan Das be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa in connection with Complaint Case No. 287 of 2006 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Jagdish (Shailesh Kumar Sinha,J)