IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33726 of 2009 ASHRAF son of Islam, resident of village Khetpura, P.S. Risiup, District Aurangabad… … Petitioner Versus THE STATE OF BIHAR… …OPPOSITE PARTY For the Petitioner: Mr. Sanjay Kumar, Advocate, For the Informant:Mr. Ranjan Kumar Singh, Advocate, For the S t a t e : Mr. R.P.S. Singh, A.P.P. ----------- 3 26.10.2009 The petitioner files a supplementary affidavit. Let it be kept on the record. Heard learned counsel for the petitioner and the State. The petitioner is an accused in a case registered under sections 376, 511, 341, 323 and 34 of the Indian Penal Code. Learned counsel for the petitioner submitted that the ingredients of section 376 of the Indian Penal Code are not made out and a false case of attempt to commit rape has been lodged on account of enmity in between the families. It is submitted that the medical board had examined the petitioner and determined the age of the petitioner between 19 to 20 years. The petitioner is stated to be in jail custody since 23.04.2009. Learned counsel for the State submitted that the petitioner is not a juvenile and according to the first 2 information report, there had been attempt to commit rape, which could not succeed, as the people of the locality assembled. Learned counsel for the informant submitted that since there had been attempt to commit rape, thus, ingredients of section 511 of the Indian Penal Code are attracted in the case. In the facts and circumstances of the case, the petitioner, Ashraf, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad, in Risiup P.S. Case No. 03/09. SC ( Dr. Ravi Ranjan, J.)