IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31531 of 2011 ====================================================== Md. Chito @ Ejaz Alam, son of late Nabibaksh, resident of Vill. Govindpur (Harpur), P.S. Barauni (Refinery), Distt. Begusarai. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate For the Opposite Party/s : Mr. Uday Chand Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 2 15-10-2011 Heard. The petitioner apprehends his arrest in a criminal prosecution registered under Sections 307/34, 376/511 besides other allied offences under the Indian Penal Code. Learned counsel for the petitioner submits that the allegations, as disclosed in the first information report regarding attempt to commit rape, appears to be palpably false. He further submits that as a matter of fact, the entire occurrence has taken place because of certain land dispute between the parties. It is also submitted that there is a case and counter case vide Annexures 1 and 2 respectively with respect to same occurrence and bothsides have sustained injuries. Learned Additional Public Prosecutor appearing for Patna High Court Cr.Misc. No.31531 of 2011 (2) dt.15-10-2011 2 the State has opposed the prayer made on behalf of the petitioner for grant of anticipatory bail. It is submitted that the petitioner is alleged to have assaulted two persons by sword causing injuries to them on vital part of their body. Be that as it may, in view of nature of allegations particularly regarding allegation of assault, this Court is not inclined to accede to the prayer made on behalf of the petitioner for grant of anticipatory bail. It is, accordingly, rejected. The petitioner must surrender in the court below in connection with Barauni (Refinery) P.S. Case No.54 of 2011 pending in the court of learned Chief Judicial Magistrate, Begusarai within a period of four weeks from today, and if so advised, seek regular bail, which shall be considered on its own merit without being prejudiced by the present order. Petitioner shall be at liberty to raise all the pleas for the purpose of grant of regular bail, which have been raised in the present petition. Anjani /- (Birendra Prasad Verma, J)