IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38476 of 2009 LAL BABU MISHRA @ PAPPU MISHRA Versus STATE OF BIHAR ----------- 2. 19. 11. 2009. Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Petitioner is an accused in Mahua P.S. Case No. 243 of 2008 for offences punishable under Sections 366, 497 and 498 A of the Indian Penal Code. Petitioner happens to be cousin brother of the informant and the allegation is of elopement with the informant’s wife with a view to establish illicit relationship or to kill her. Learned counsel appearing on behalf of the petitioner submits that wife of the informant has returned to her matrimonial home. But neither her statement was recorded under Section 164 Cr.P.C. nor she was medically examined. He further submits that the entire allegation is false and concocted. He submits that lady is married with the informant since last fifteen years and she is mother of two children and in such circumstances the entire allegation become improper. Learned counsel submits that the petitioner is in custody since 2. 8. 2008. Considering the facts setforth above, the petitioner ,namely, Lal Babu Mishra @ Pappu Mishra is directed to be released on bail on furnishing bail bond of Rs. 2 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate Ist Class, Vaishali at Hajipur, in connection with Mahua P.S. Case No.243 of 2008 (Complaint Case No. 2376 of 2008). SKBOSE (Jyoti Saran)