IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17565 of 2009 NAGO YADAV Versus THE STATE OF BIHAR ----------- 5 05.10.2009 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Petitioner has been made accused in connection with Sultanganj P.S. Case No. 37 of 2008 registered under Sections 376/511, 380/34 of the Indian Penal Code. Substance of the allegation against the petitioner is of attempt to commit rape on the informant in the night of 10.6.2006 while her husband was away from the house. Petitioner is the elder brother of the husband of the informant. It is contended that the reason behind the allegation is property dispute going on between the parties. It is further contended that though the alleged occurrence is said to have taken place on 10.6.2006 the complaint petition was filed six days thereafter on 16.6.2006 and the same was referred for registration under section 156(3) Cr.P.C. on 20.6.2006 giving rise to the present case. 2 It is further contended that petitioner has been languishing in Jail custody since 4.10.2008 Having regard to the facts and circumstances of the case, let the petitioner, Nago Yadav, be enlarged 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 Chief Judicial Magistrate, Bhagalpur in connection with Sultanganj P.S. Case No. 37 of 2008 subject to the condition that the petitioner would mark his attendance on each and every date fixed before the Court below as a certification of his good behaviour and if the petitioner fails to make his attendance on two consecutive dates then the Court below would be at liberty to take him in custody. Bibhash (Jyoti Saran, J.)