IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.8361 of 2010 BIRENDRA SINGH son of Shiv Dayal Singh Versus THE STATE OF BIHAR ----------- 2/ 13.04.2010 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in a case registered for the offence under Sections 498(A), 365, 323, 504/34 of the Indian Penal Code. The complainant, Shaila Devi, stated that the petitioner, who is elder brother of her husband, took the informant’s husband on pretext of working in Patna since 1 ½ years ago, along with others. The informant alleges that accused persons have abducted her husband. The petitioner submits that he is elder brother of the informant’s husband Jitendra Singh and it is very unlikely that he will do any harm to his own brother. Learned counsel further submits that the allegation of usurping the property as alleged by the informant is incorrect. The informant has alleged that petitioner abducted her husband in order to usurp her property and thereafter has driven her out. The petitioner submits that Jitendra Singh is alive and he can produce him in the court below. In view of the aforesaid submissions, I observe that if petitioner surrenders before the Chief Judicial Magistrate, Bhabua, Kaimur in conection with Kuchhila P.S. case no. 27 of 2009 and seeks regular bail within eight weeks from today and husband of the informant, namely Jitendra Singh, also appears in the court denying - 2 - the involvement of the petitioner in the case, then in such circumstances, the petitioner will be released on bail on furnishing bail bond to the satisfaction of the Magistrate, otherwise he will dispose of the application on its own merit. Let this order be sent through FAX at the cost of the petitioner. Uday/ (Samarendra Pratap Singh, J.)