IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37707 of 2008 KRISHNA VAIDYA @ KRISHNA KUMAR VAIDYA, S/O LATE RAJ KISHORE VAIDYA, R/O VILLAGE KHAIRA, HARI HAR GANJ, P.S. KUTUMBA, DISTRICT AURANGABAD, PRESENTLY RESIDES AT C/O SURENDRA JAISWAL, JAY PRAKASH NAGAR, CHUNA BHATTA ROAD, RANCHI (JHARKHAND). -PETITIONER Versus THE STATE OF BIHAR. –OPP.PARTY 2 24.11.2008 Complaint, it appears, does not disclose existence of physical evidence of torture or harassment. From the order of the Sessions Judge it appears that an attempt was made to reconcile between the parties. But when, however, the complainant was not present. The attempt failed. Thereupon the parties left the Court of Sessions Judge. Soon thereafter the father of the complainant returned to Court of Sessions Judge and reported to him that outside the Court he has been assaulted. According to Sessions Judge the father of the complainant had blood on his face and his shirts were torn. This incident appears to be the reason for non-grant of anticipatory bail to the petitioner. The learned sessions Judge however, has not recorded that the father of the complainant was a practicing lawyer of his Court. There is nothing on record why in his capacity as District Judge he did not take immediate action in relation to the alleged incident of assault 2 of a lawyer of the Court to his knowledge. Considering these aspects of the matter, I allow the application for grant of anticipatory bail of the petitioner. Let the petitioner, in the event of his arrest or surrender within six weeks from today, be enlarged on bail on his furnishing bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Subdivisional Judicial Magistrate, Aurangabad (Bihar) in Complaint Case no. 769 of 2007, Tr. No. 1692 of 2008, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure. (Barin Ghosh, J.) AAhmad