IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.364 of 2009 NOOR MOHAMMAD Versus STATE OF BIHAR ----- For the Petitioner :Mr.Ramesh Kumar Singh,Advocate For the State :Mr.Atul Chandra, APP For the Iinformant Mr.Abul Kalam,Advocate ---- 4. 06.05.2009 Heard counsel for the parties. The petitioner has approached this Court seeking anticipatory bail in a case instituted under sections, 452, 376,511 & 379/34 IPC. As per allegation in the complaint (later on treated an FIR) while the victim was sleeping in her room, the petitioner herein entered into the room and tried to outrage her modesty. When he was unsuccessful, it is alleged that other co-accuseds appeared on the scene and they committed loot in the house of the victim. Counsel for the petitioner submits that the matter was investigated in course whereof it was found that allegations levelled against the petitioner by the informant was quite motivated. The police upon conclusion of investigation, did not find sufficient materials to lay charge-sheet against him. Accordingly, he was not sent up for trial. It is contended that several months thereafter the court has taken cognizance differing with the opinion of the investigating agency. Having regard to these facts, I am persuaded to admit the petitioner to anticipatory bail. - 2 - In the event of arrest/surrender, the petitioner abovenamed shall be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of CJM, Araria in Narpatganj P.S. Case No.143 of 2004. hr ( Kishore K. Mandal )