IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38823 of 2008 SANJAY KUMAR RAMAN @ JAYRAM PRASAD …. PETITIONER. Versus THE STATE OF BIHAR ….. OPP. PARTY For the petitioner : - Sri A.K.Thakur, Advocate For the O.P. : - Sri D. Mehta, APP ----------- 2. 15.10.2008 Heard Sri A.K. Thakur, Advocate for the petitioner and Sri D. Mehta, Additional Public Prosecutor for the State. The petitioner is the elder brother of the husband and he is an accused in a complaint case under Section 498A etc. of the IPC. The allegation comes from the wife of the petitioner’s younger brother, who lodged the complaint after about 14 years of her marriage to the husband and after having begotten a son aged five years on the day of the filing of the complaint. The allegation is that the husband developed an illicit relationship with the ‘Sali’ of the present petitioner, which was objected to by the wife and as such, she was ill-treated and tortured, so much so that she was turned out of the matrimonial house. The contention is that, in fact, the father of the husband had lodged a case under Section 364 IPC against some of the accused persons alleging that the complainant - 2 - had been kidnapped by the accused persons of the case and on investigation the matter was found true. Be that as it may, considering that the petitioner is the elder brother of the husband and is in custody, let petitioner Sanjay Kumar Raman @ Jayram Prasad be released from custody on furnishing a bond of Rs.3,000/- (three thousand) with two sureties of the like amount each to the satisfaction of Sub-divisional Judicial Magistrate, Samastipur in connection with Complaint Case No. 631 of 2004/ Tr. No. 1174 of 2008. DKS/ (Dharnidhar Jha, J)