IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20932 of 2009 DIWAKAR PANDEY, son of Pramod Pandey, resident of village- Kageshwar, P.S.-Khaira, District-Jamui ------------------Petitioner. Versus STATE OF BIHAR ----------- 2. 24.7.2009 Heard learned counsel for the petitioner and the State. The submission of learned counsel for the petitioner is that if attempt to commit rape was made, that is by the co-accused. Only petitioner can be alleged for assisting him in attempting to commit rape. He further submits that informant was of questionable character, deserted by her husband where criminals used to come which is opposed by the petitioner that is why another super-added allegation of theft also has been made. In any case, petitioner’s arrest for the allegation can never be justified. I agree with the submission. In the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of arrest or surrender within one month from the date of communication of this order the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Ist Class, Jamui, in connection with Complaint Case no.373 C of 2004 , subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J )