IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24501 of 2008 SHEO SHANKAR PRASAD Versus STATE OF BIHAR & ANR ----------- 2 18.07.2008 Heard the learned counsels for the petitioner and the State. Petitioner apprehends his arrest in Complaint Case No. 253 of 2007 for the offences alleged to have been committed under section 376/406/498A of the Indian Penal Code. It has been submitted on behalf of the petitioner that the present case has been filed against the petitioner for ulterior purposes since the petitioner had earlier filed a case for restitution of conjugal rights vide Matrimonial Case No. 52/07 on 10.07.2007 and in retaliation the present case has been filed on 19.11.2007. It is further submitted that the complainant by filing her written statement in the matrimonial case (Annexure-4) has categorically alleged about the commission of offence of rape against the brother-in-law of the petitioner and has further alleged that the petitioner is impotent and therefore she is not willing to live with the petitioner any more on account of his impotency. Considering the submissions as noticed above and on perusal of the complaint as well as the averments - 2 - made in the petition as also the materials brought on record, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, Sheo Shankar Prasad be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Raxaul at Motihari, in connection with Complaint Case No. 253 of 2007, Trial No. 2466 of 2007 subject to the conditions laid down under section 438(2) of the Criminal Procedure Code. Manish/- ( Shailesh Kumar Sinha,J.)