IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8767 of 2011 ASHOK THAKUR Versus THE STATE OF BIHAR ----------- 2 7.4.2011 Petitioner is apprehending his arrest in connection with Complaint Case No. 1050 of 2006 in which cognizance has been taken under Section 365 of the Indian Penal Code. The occurrence alleged to have taken place on 26.6.2006 for which the complaint was filed on 29.06.2006. It appears that during the enquiry under Section 202 of the Cr. P.C the Magistrate call for report from the police, the police reported that complainant’s father had illicit relationship with his daughter-in-law as a result of which the complainant assaulted his father subsequently, the present case was lodged against petitioner and others with whom there was land dispute with regard to the projection in a under construction house. It is settled principle that the magistrate suspends the process when he is not satisfied about prima facie case but if something comes during the enquiry the Magistrate cannot ignore the same, but in the present case Magistrate has ignored the enquiry report and has taken cognizance. 2 Considering the aforesaid facts, let the petitioner namely, Ashok Thakur, in the event of his arrest of surrender before the Court below within a period of 12 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, Motihari in connection with Complaint Case No. 1050 of 2006. Prakash ( Dinesh Kumar Singh, J.)