IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46354 of 2008 SK.ABDUL MAROOF @ ABDUL MAROOF S/O-Sk. Hedayatullah, R/O-Katahan Panchayat, P.S.-Muffasil, Distt.-East Champaran. …………………………………………..Petitioner. Versus STATE OF BIHAR ……………………………………..Opposite Party. ----------- 2/ 30.01.2009 Learned Counsel for the petitioner is permitted to make necessary correction in prayer portion of the brief. Heard learned Counsel for the petitioner and learned Counsel appearing on behalf of the State. The petitioner apprehends his arrest in a case which has been registered by way of a complaint filed by Bhagelu Sahani. Initially the case has been lodged against three persons but the cognizance was not taken against one. It has been taken against two persons only. The petitioner is one of them. The complainant has alleged that he has been cheated Rs. 5000/- by the accused persons. Submission is that the matter has been reported after a long lapse of several years for which there is no explanation. The fact is that the complaint has been lodged so that the complainant cannot be asked to pay the amount. The main person B.D.O. who was to sanction the amount has not been made accused. It is at the instance of B.D.O. that the present case has been lodged. There is no material which can be linked the - 2 - petitioner with the offence. The petitioner is Ex-Mukhiya and was not involved at all in the occurrence. Considering the facts and circumstances of the case, the petitioner Sk. Abdul Maroof @ Abdul Maroof is directed to surrender before the Court below within a period of twenty days from the date of receipt/production of a copy of this order and on his so surrendering he shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran at Motihari in connection with Complaint Case No. 2348 of 2007, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. kksinha/ (Shyam Kishore Sharma, J.)