IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28470 of 2010 DEO CHANDRA KUMAR @ DEO CHANDRA MUKHIYA Versus THE STATE OF BIHAR ------ 2/ 16.09.2010 Heard learned counsel for the petitioner and learned counsel for the State. Allegation about entering in the informant’s room for attempt to commit rape and taking away of ornaments is denied on the ground that there is no recovery. Of three accused persons, only one person entered in the room. There was some overt act on his behalf but not specifying how that would be taken for the offence under Section 376/511 of the I.P.C. There was some alarm by informant then only rest accused persons entered and taken away house hold articles including ornaments. Specifically, it is said that Bhaptiyahi P.S. Case No. 56 of 1999 was filed against two witnesses who are family members of the informant. Case is said to be lodged only to pressurize otherwise sequence shown in the F.I.R. does not disclose whether intention was of committing rape or of committing theft. Considering the facts and circumstances of the case, prayer of the petitioner is allowed. In the event of arrest or surrender within one month from the date of receipt/production of a copy of this order in connection with Bhaptiyahi P.S. Case No. 51 of 2008 corresponding to G.R. No. 1136 of 2008 above named petitioner shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand)with 2 two sureties of the like amount each to the satisfaction of C.J.M., Supaul subject to the conditions as laid down under Section 438(2) of Cr. P.C. shail (Mandhata Singh, J.)