IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51104 of 2008 1. SUBODH KUMAR PANDEY, S/O LATE SHASHI BHUSHAN PANDEY, RESIDENT OF VILLAGE-SONBARSA, P.S. KANTI, DISTRICT- MUZAFFARPUR 2. GIRDHAR PANDEY, S/O BATE RAM UDAR PANDEY, RESIDENT OF VILLAGE- SONBARSA, P.S. KANTI, DISTRICT-MUZAFFARPUR ……….. Petitioners Versus THE STATE OF BIHAR …………. Opposite Party ----------- 2/ 29-01-2009 Heard the counsel for the petitioners and the counsel appearing on behalf of the State. Petitioners are accused in a case under Sections 177, 207,420 and 120B of the Indian Penal Code. The petitioner runs a readymade shop in the house of petitioner no. 2. There was a theft in a shop for which the petitioner filed a case and ultimately he was given the insurance amount with respect to the shop. The Police had submitted the final form stating that the case was true but against unknown. The Complainant/informant is the own brother of petitioner no. 1 and he has filed the present case alleging that the petitioner defrauded the insurance company and taken the insurance money although there was no theft in his shop. The Police submitted the final form finding that the allegations were false but the Chief Judicial Magistrate has taken cognizance of the aforesaid offences. Learned counsel submits that when the Police found that the case was false and has been filed due to family dispute the Chief Judicial Magistrate ought not to have taken cognizance in this case. Be that as it may, petitioners, namely, Subodh Kumar Pandey - 2 - and Girdhar Pandey in the event of their arrest/surrender in the Court below within six weeks from today shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Ist Class, Muzaffarpur in connection with Trial No. 2857 of 2008 arising out of Complaint Case No. 1653 of 2002. S.Sb/- (Sheema Ali Khan, J.)