IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24586 of 2009 BABLU YADAV, SON OF SINGHO YADAV, RESIDENT OF VILLAGE ABGIL RAMPUR HUSSAINA, P.S. MEDNICHAUKI, DITRICT LAKHISARAI Versus STATE OF BIHAR ----------- 2. 03.09.2009 Learned counsel for the petitioner is permitted to make necessary corrections in paragraph 10 of the application with regard to date of custody of the petitioner. Heard learned senior counsel for the petitioner and learned counsel for the State. The case is under Sections 376 and 511 of the Indian Penal Code. Learned senior counsel for the petitioner submits that first information report itself shows that petitioner had not attempted to force the prosecutrix in sexual act. He submits that petitioner was in drunken condition and therefore, he may not be in full sense with regard to the offence which he is trying to commit. He submits that for this act of the petitioner committed in drunken condition, he is in custody since 29.1.2009. Considering the fact that first information report itself shows that petitioner has not used force on the prosecutrix and was in - 2 - drunken condition and for which, he is in custody since 29.1.2009, the application is allowed. Petitioner (Bablu Yadav) is directed to be released on bail on furnishing bail bonds of Rs.10,000/-(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Lakhisarai in connection with Surajgarha (Mednichauki) P.S. Case No.29 of 2009 B.T (J.N. Singh, J.)