Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 39526 of 2012 ====================================================== Bhikhari Sahni S/O Anarshi Sahniare Resident Of Village Bashaitha, P.S. Saraiyan, District Muzaffarpur. .... .... Petitioner/s Versus The State Of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2. 01-11-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner is in custody in connection with Saraiya P.S. Case No. 212 of 2012 registered for offence punishable under [STATUTE] . The allegation is that the petitioner tried to lift the saree of the informant and commit rape but because of the cry raised, while running away, was caught by the relatives of the informant. Learned counsel for the petitioner submits that the petitioner is a co-villager and the house is just across the road to that of the informant and due to local politics and enmity he has been falsely implicated. Learned counsel submits that even if the entire story in the F.I.R. is believed to be true then also it can at Patna High Court Cr.Misc. No.39526 of 2012 (2) dt.01-11-2012 2 best be a case under [STATUTE] which is bailable. It is submitted that the petitioner is in custody since 26.07.2012 and has no criminal antecedent. Learned A.P.P. for the State opposes the prayer for bail and submits that the petitioner making such an attempt does not deserve to be released on bail. Upon hearing learned counsels for the parties and considering the facts and circumstances of the case, let the abovenamed petitioner be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, West Muzaffarpur in connection with Saraiya P.S. Case No. 212 of 2012. Anjani/- (Ahsanuddin Amanullah, J.)

Applicable IPC Section: 511

Statute Text:
Section 511 of the Indian Penal Code. Attempting to commit offences punishable with imprisonment for life, or imprisonment, and in such attempt doing any act towards the commission of the offence. Whoever attempts to commit an offence punishable by this Code with imprisonment for life or imprisonment, or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall, where no express provision is made by this Code for the punishment of such attempt, be punished with imprisonment of any description provided for the offence, for a term which may extend to one-half of the imprisonment for life or, as the case may be, one-half of the longest term of imprisonment provided for that offence, or with such fine as is provided for the offence, or with both.