IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21636 of 2009 1.Mubarak Husain S/o Late Suber Ali 2. Motiur Rahman S/o Late Hazi Yunus 3. Salahuddin S/o Motiur Rahman 4. Md Rafique S/o Nurul Haque All resident of village Ghuski P.S. Barari Dist. Katihar Versus Petitioners STATE OF BIHAR Opp. Party ----------- 2 06.08.2009 Heard learned counsel for the petitioners, Complainant and the State. Complaint Case no. 3386/08 has been instituted for the offence under sections 342, 323,324 and 379/34 IPC. It has been alleged that charity money collected by the complainant amounting to Rs 5,000/- was taken away by the accused persons. They also assaulted the complainant with fists and slaps. Counsel for the petitioners submits that allegations are false. In fact the complainant was asked to submit an account for collected charity money which was not being done. In order to save his skin false case has been instituted. It has also been submitted that no offence under section 324 IPC is made out. So far section 379 IPC is concerned, it is also not made out. Considering the above facts, the prayer for anticipatory bail of petitioners is allowed. If the petitioners surrender within four weeks from the date of receipt/production of a copy of this order, they (Mubarak Hussain, Motiur Rahman, Salahuddin and Md Rafique) shall be released on 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 Sri V. Sinha, Judicial Magistrate, Ist Class, - 2 - Katihar in Complaint Case no. 3386 of 2008 subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. shahid (Mridula Mishra, J)