IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4996 of 2010 IRON YADAV,son of Dhanraj Yadav,resident of village-Barki Bharauli, P.S.-Nawanagar, District-Buzar (Bkhar). .. Petitioner Versus THE STATE OF BIHAR .. Opp.Party ----------- For the Petitioner :Mr.Manoj Kumar,Advocate For the State :Mr.Bishweshwar Ram, Addl.P.P. ----------- 03/ 15-04-2010 A supplementary affidavit has been filed on behalf of the petitioner bringing the order taking cognizance on record. Let it be kept on record. Heard the parties. Petitioner apprehends his arrest in connection with Complaint Case No.84 © of 2005, in which cognizance has been taken under Sections 302 and 380 of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that originally FIR was lodged on 23-05-2003 for the offences under Sections 448, 380 and 302 of the Indian Penal Code. However, on close of investigation accusation against the petitioner was found to be false and he was not charge sheeted in the case. The protest petition filed on behalf of the informant was treated as a complaint and after enquiry cognizance has been taken against the petitioner by an order dated 23-01-2008 (Annexure-5). However, it is highlighted that the Officer-in-charge and other police personnel, who were the main persons responsible for commission of crime in question, against them cognizance has not been taken. 2 In the aforesaid background and in view of the fact that after investigation the police has not submitted charge sheet against the petitioner and cognizance has been taken on the basis of the protest petition vide Annexure-1, in the event of arrest/surrender within a period of four weeks from today in the above noted case, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Ist Class, Buxar, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Birendra Prasad Verma, J.)