IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41823 of 2008 PRAKASH PRASAD S/o- Shankar Prasad R/o- Village Kopa, P.S.- Kopa District – Saran at Chapra Versus STATE OF BIHAR ----------- 2. 16.12.2008 Heard the parties. Petitioner is an accused in a case registered for the offences under Sections 498(A) and 323 of the Indian Penal Code. It has been submitted on behalf of the petitioner that the present case has been lodged for ulterior purpose at the instance of Mukhia, having civil litigation with the petitioner which was not set up. As a matter of fact, the complainant is not wife of the petitioner which would appear on perusal of the deposition of her in Kopa P.S. Case No. 17 of 2002 filed by the brother of the petitioner as contained in Annexure- 3. This deposition quoted in paragraph-9, and the husband of the Neelam Devi was also examined who has also deposed in the said case as quoted in paragraph -11 to the effect that Neelam Devi is the wife of Subhash Sah and not the petitioner. Considering the facts and circumstances of the case, it is directed that in the event of arrest or - 2 - surrender within a period of four weeks from today, the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Saran at Chapra in connection with Complaint Case No. 759 of 2002 corresponding to Trial No. 3511 of 2008 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Jagdish/- (Shailesh Kumar Sinha,J)