IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.2111 of 2009 MUBARAK HUSSAIN, SON OF LATE SUBED ALI, RESIDENT OF VILLAGE – GHUSKI TOLA, P.S. – SEMAPUR (BARARI), DISTT. – KATIHAR ................................. PETITIONER Versus THE STATE OF BIHAR ..................... OPP. PARTY ----------- 3 11.05.2009 Heard. The petitioner apprehends his arrest in Complaint Case No. 2124 of 2007 under Section 420 and 485 of the Indian Penal Code for which the cognizance of the offence is said to have been taken. The allegation on the petitioner is that the petitioner took Rs.6000/- from complainant, Firoza Khatoon for procuring Indira Awas for her and he took her LTI on some papers but nothing was done and when the complainant demanded her money back and tried to hold a Panchayti, the petitioner along with some others came to her house and threatened her not to hold Panchayti and also threatened to harm her by way of using her LTI on blank paper. Learned counsel for the petitioner submits that the petitioner is a Headmaster in Government Primary School, Durgapur, Jahoor Tola and he has no concern with Indira Awas Yojna. Learned counsel says that Mukhiya and Sarpanch are the persons, who are concerned with the Indira Awas Yojna. Learned counsel says that the complainant admits that she is living with one Salma Khatoon, who is her cousin grand daughter and who was married to one Ashfaque @ Munna. Learned counsel for the petitioner submits that Salma Khatoon was married to Ashfaque @ Munna the son of Petitioner’s - 2 - cousin brother and that the marriage had ended into divorce. Learned counsel for the petitioner also says that vide Annexure 25 Kha Salma Khatoon had filed a case under Sections 376, 201 and 120B of the Indian Penal Code against some persons and the petitioner had deposed against the informant and in that case final form was submitted and that due to grudge the complainant has filed the complaint implicating the petitioner. Mr. S.R. Haque does not point out any other materials against the petitioner. In the facts and circumstances of the case, petitioner namely, Mubarak Hussain admitted to anticipatory bail. He is directed to surrender in the court below within two weeks from today and on their surrender they 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 Judicial Magistrate, Katihar/concerned court in connection with Complaint Case No. 2124 of 2007 subject to condition laid down under Section 438(2) of the Cr.P.C. Kundan (C. M. Prasad, J.)