IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17988 of 2010 MD.JAKI ANWAR @ MD.ZAKI ANWAR SON OF MD. SHAMIMUDDIN, RESIDENT OF VILLAGE TARIAMA, P.S. BAKHTIHARPUR, DISTRICT SAHARSA – PETITIONER. Versus 1. STATE OF BIHAR 2. PARVEJ AKHTAR SON OF MD. IBRAHIM, RESIDENT OF VILLAGE TARIAMA, P.S. BAKHTIYARPUR, DISTRICT SAHARSA – OPP. PARTY. ----------- 3/ 07-07-2010 Heard the parties. Petitioner apprehends his arrest in a complaint case, which is based on protest petition, in which cognizance has been taken for offences under section 465, 471, 195 and some other allied offences under the Indian Penal Code. It is submitted that unfortunately the petitioner and the informant/ complainant are closely related to each other. The informant/ complainant had originally filed Complaint Petition No. 857 of 1998, which finally gave rise to Bakhtiyarpur P.S. Case No. 113 of 1998 vide Annexure- 1, and in that F.I.R. the petitioner and others were named as accused with certain allegations against them. The case was investigated and on a close investigation police submitted final form as “mistake of fact”. The petitioner was not charge-sheeted in that case. Subsequently protest petition filed by the informant was treated as complaint and on the basis of enquiry under section 202 Cr. P.C. , cognizance has been taken against the petitioner beside 2 others. It is further submitted that now the matter has been compromised between the parties. In the facts and circumstances of the case, in the event of his arrest or surrender in the court below within a period of four weeks from today, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Saharsa in Bakhtiharpur P.S. Case No. 113 of 1998, subject to conditions as laid down under section 438(2) of the Cr. P. C. BTiwary ( Birendra Prasad Verma, J)