IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11013 of 2010 PRABHU GIRI,son of Ramautar Giri,R/o Vill.- Bhoobhairo,P.S. & Distt.-Sitamarhi. .. .. .. Petitioner Versus THE STATE OF BIHAR .. Opp.Party ----------- For the Petitioner :Mr.Dinesh Jha,Advocate For the State :Mr.Anuj Kr.Srivastava, Addl.P.P. ----------- 02/ 23-04-2010 Heard the parties. Petitioner apprehends his arrest in connection with Sitamarhi P.S.Case No.662/2009 dated 18-11-2009, registered for the offences under Sections 452/323/379/376/511 of the Indian Penal Code. According to prosecution case, petitioner is alleged to have entered into the room of the informant in drunken condition. He is further alleged to have removed Saree and Peticot of the informant and thereafter attempted to commit rape upon her. On protest by the informant, she was assaulted by iron rod causing injury on her forehead. Learned counsel for the petitioner submits that during course of investigation, independent witnesses have not supported the prosecution case and it has transpired that some quarrel had taken place between the two sides, but the present case has been filed with exaggerated allegation. Learned counsel for the State has opposed the prayer for anticipatory bail. Be that as it may, in view of the nature of the allegation 2 and in view of the fact that the petitioner is the sole accused in the case, his prayer for anticipatory bail is rejected. He must surrender in the court below within a period of four weeks from today and seek regular bail, if so advised. If such a petition is filed, the same may be considered and disposed of on its own merit without being prejudiced by the present order. AH/ ( Birendra Prasad Verma, J.)