IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37500 of 2009 MUKESH RAJWANSHI, SON OF SRI BINDU MADHAV, RESIDENT OF VILLAGE PESH, P.S. NARDIGANJ, DISTRICT-NAWADA…………………………PETITIONER. Versus THE STATE OF BIHAR………………OPPOSITE PARTY. ----------- For the Petitioner : M/s. Shakeel Ahmad, Sr. Advocate & Rajeev Nayan, Advocate. For the State : Mr. R.P.S. Singh, A.P.P. --------- 2. 7.11.2009. Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is an accused in a case registered under Section 448/376/511 of the Indian Penal Code. It has been submitted on behalf of the petitioner that the ingredients of Section 376 of the Indian Penal Code are not made out in this case as the rape had not been committed. It is also submitted that even the ingredients of Section 354 of the Indian Penal Code are not made out in this case in view of the fact that it does not appear from the First Information Report that the informant had protested. The petitioner is stated to be in jail custody since 17.8.2009. - 2 - Learned A.P.P. for the State submitted that there had been attempt of rape, as per the allegation in the F.I.R., on the informant who had been saved by her sister when she reached at the place of occurrence. Having regard to the facts and the circumstances of the case, the petitioner, Mukesh Rajwanshi, is directed to be released on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawada, in connection with Nardiganj P.S. Case No.64/2009. P.S. (Dr. Ravi Ranjan,J)