IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.44278 of 2010 INDRADEO THAKUR Versus THE STATE OF BIHAR ----------- 2/ 18.04.2011 Heard learned counsel for the petitioner and learned counsel for the State. Privilege for helpless lady may not be allowed to be used as weapon to have share of her choice in ancestral property which appears, has been done in this case. Marriage is 25 years old and complainant’s younger son is 15 years old, while elder one is 24 years. Torture is for demand of dowry also but husband has not been made party. Petitioner has been alleged for attempt to commit rape but cognizance has not been taken for the same. Earlier to this case, a complaint case is filed on behalf of the petitioner’s father against the complainant, her husband and son for assault and theft. Petitioner is with his father, so to create a defence this case is lodged. It appears that no mind is applied by Courts while cognizance is taken. Considering the facts and circumstances of the case, prayer of the petitioner for bail is allowed. In the event of arrest or surrender within one month from the date of receipt/production of a copy of this order in connection with Complaint Case No. 1304C of 2009 above named petitioner shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Jamui subject to the 2 conditions as laid down under Section 438(2) of Cr. P.C. Shail ( Mandhata Singh, J.)