IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11499 of 2010 ABHAY KUMAR SON OF RAM CHANDRA PRASAD, RESIDENT OF VILLAGE AKBARPUR, POLICE STATION AKBARPUR, DISTRICT NAWADA Versus STATE OF BIHAR ----------- 2 05-05-2010 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant. Petitioner is brother of husband of the victim lady in a case u/s 498A and other sections of the IPC. On behalf of the petitioner it has been submitted that the present complaint case is the second round of litigation of same nature in which allegations relating to the year 2005 are directed also against this petitioner that in his house the victim was confined at Ranchi and given electric shocks. It has been pointed out that in the first case of similar nature filed by the father of the victim lady in the year 2005 itself no such allegation was made against the petitioner and in her deposition the victim lady did not allege anything against the petitioner on 31-10-2005 as appears from annexure-3. In fact annexure-3 indicates that victim lady admitted that she was ill since 1996 and was suffering from intermittent attacks. Learned counsel for the complainant has submitted that the statement u/s 164 of the Cr.P.C in October, 2005 was given by the victim lady in duress and she has never been a patient of mental or psychological disease. Prima facie this submission is contradicted by medical evidence contained in annexure-6 which was recorded in February, - 2 - 2008 in a matrimonial case. It further appears that petitioner is a government servant. Considering the entire facts and circumstances, the prayer for anticipatory bail is allowed. Let the petitioner namely, Abhay Kumar in the event of his arrest/surrender within a period of six weeks from today be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya in connection with complaint case No. 1517/09 subject to condition as laid down under section 438(2) of the Code of Criminal Procedure. BKS/ (Shiva Kirti Singh, J.)