IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8095 of 2008 DAYA SHANKAR PATHAK & ORS Versus STATE OF BIHAR ----------- 3. 13.5.2008. Heard the learned counsel for the petitioners as also the learned A.P.P. for the State. The petitioners who apprehend their arrest in connection with Imadpur P.S. Case No.16 of 2000 registered under Sections 498(A), 304(B), 120(B)/34/201 I.P.C. have prayed for anticipatory bail. The categoric stand of the petitioners with reference to Annexure-2 series which is the petitions alleged to have been filed by the lawyer of the deceased , Rambha Devi, in the matrimonial Suit on 31.7.2000 and 29.8.2000 is that she is still alive and the petitioners are being prosecuted uselessly for the offences which they have not committed. It goes without saying that whether such points were raised before the learned Sessions Judge in A.B.P.No.1177 of 2007 which was disposed of on 23.1.2008. In the circumstances, the matter is remitted back to the learned Sessions Judge, Bhojpur at Ara to give categoric finding after holding proper inquiry/investigation in the matter. With the aforesaid observations, this application is disposed of . P.S. (Abhijit Sinha,J)