IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33779 of 2010 MD.KAYUM @ MD.KAYAM Versus STATE OF BIHAR ----------- 02 03.11.2010 Heard learned counsel for the petitioner as well as learned P.P. for the State. Petitioner, namely, Md. Kayum @ Md. Kayam apprehends his arrest in connection with Bakhtiyarpur P.S. Case No. 271 of 2009 registered under Sections 448, 354, 376, 511/34 of the I.P.C. There is allegation that the F.I.R. named accused Md. Sahadat entered the house of informant and tried to establish sexual relationship with the informant whereas this petitioner facilitated the co-accused by shutting the mouth of informant. Admittedly, co-accused was tried in Sessions Trial No. 78 of 2010 and after full fledged trial he was acquitted whereas the investigation of the case is still pending against the petitioner. In view of the aforesaid facts and circumstances, this anticipatory bail petition stands disposed of with direction to petitioner to surrender before the learned court below and seek regular bail within thirty days from the date of communication of this order to the concerned court and if petitioner so surrenders before the learned court below, the learned court below shall consider the regular bail application of the petitioner on its own merits without being prejudiced by this order, particularly, keeping in mind the allegation of attempt of rape is against co-accused Md. Sahadat who has already been acquitted by Sessions Court. At the request of learned counsel for the petitioner, let the order be communicated to learned Chief Judicial Magistrate, Saharsa through fax at the cost of the petitioner. Shahzad ( Hemant kumar Srivastava, J.)