IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.19951 OF 2009 JAI MANGAL PRASAD, SON OF RAM ISHWAR PRASAD, RESIDENT OF VILLAGE KHODAGANJ, POLICE STATION KHODAGANJ, DISTRICT NALANDA, AT PRESENT RESIDENT OF VILLAGE BISHUNI BAGICHA, POLICE STATION KHODAGANJ, DISTRICT NALANDA VERSUS THE STATE OF BIHAR ********* 2 13/08/2009 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner is an accused in a case under Section 376 of the Indian Penal Code for allegedly raping a lady by the name of Suman Devi. This case has quite a background. Earlier, the petitioner was a panch for settling the dispute between the husband and his two wives. As a panch, the petitioner had given decision in favour of the first wife which displeased the second wife Saraswati Devi. The mother of the complainant Punia Devi is said to be a lady of litigant character in the village. Punia Devi has instigated her daughter to file this false case of rape. In support of the submissions aforesaid, learned Counsel relies on Annexure-3 which is an affidavit filed by the husband of Suman Devi stating that on the alleged date of occurrence, his wife was 2 with him and his mother-in-law is a litigating lady and has misled his wife to file this false and fabricated case. Apart from which, the petitioner also relies on the informatory petition given in the Court wherein he has stated that he has apprehension that Saraswati Devi with the help of Punia Devi would involve him in a false and fabricated criminal case. Apart from this, there is enquiry report contained in Annexure-5 which also indicates that Punia Devi has led several litigations by instigating one of the other parties in the village. Considering the aforesaid submissions, the above named petitioner is directed to be released on bail in Complaint Case No. 752(C) of 2007 on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Hilsa. Anand ( Sheema Ali Khan, J. )