IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11445 of 2009 1. GUDDU KUMAR, son of Bhikhari Patel. 2. BHOLA KUSHWAHA, son of Mahanth Kushwaha. 3. SANJAY KUSHWAHA, son of Late Ramayan Kushwaha. 4. JITENDRA YADAV @ JIUT YADAV @ CHHOTAN KUMAR, son of Niranan Yadav All resident of village-Barwat Pasrain, P.S.-Bettiah Mufassil, District- West Champaran. ……Petitioners. Versus The State Of Bihar …….Opposite Party ----------- 03. 10.08.2009 The application of petitioner No. 2 namely Bhola Kushwaha has become infructuous consequent to his arrest. Petitioners are young boys who apprehend arrest in Bettiah Mufassil P.S. Case No. 44 of 2009 instituted for the offences punishable under Sections 376/511/34 of the Indian Penal Code. It is alleged that on the fateful day when the informant’s young daughter who is minor aged about 14 years had gone to answer natures call, petitioners cornered her and tried to undress her for raping her. On shouting petitioners ran away. On behalf of petitioners it is submitted that firstly the facts as alleged can not constitute an attempt of rape. Secondly it is submitted that father of petitioner No. 4 i.e. father of Jitendra yadav had earlier on 20th of February, 2009 lodged a complaint being Complaint Case No. 386C of 2009 against informant and his family members for 2 kidnapping Jitendra Yadav. It is in retaliation thereto that on the next day i.e. on 21.02.2009 this case is lodged alleging that the occurrence of attempt of rape had taken place on 16.02.2009. On side of the petitioner, in their complaint the allegation was that Jitendra Yadav was being abducted for being married to the victim girl forcefully on 19.02.2009. It is submitted that it appears that the families are neighbours and young boys and girls have lost sense of morality which is leading to these cases. It is submitted that if the boys are sent to jail they would be expose to harden criminal and adopt criminality themselves. Be that as it may, let the petitioners namely 1. Guddu Kumar 2. Sanjay Kushwaha 3. Jitendra Yadav @ Jiut Yadav @ Chhotan Kumar, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on Anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah Mufassil P.S. Case No. 44 of 2009 subject to the conditions as laid down under Section 438(2) of the Cr. P.C. Shageer (Navaniti Prasad Singh, J)