IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3646 of 2009 SAHABAT ALI @ MD.SAHBUDDIN @ SAHABUDDIN Versus The STATE OF BIHAR ----------- 2/ 23.06.2009 Heard learned counsel for the petitioner and learned counsel for the State. Attempt to rape, as per learned counsel for the petitioner, allegedly reported to C.J.M., which was sent for investigation, but the case found false and only on protest-cum- complaint, cognizance has been taken without specifying the overt act constituting the offence under Section 376/511 of I.P.C. and basing the same petitioner’s arrest cannot be justified. I agree with the submission of the learned counsel. Accordingly, the prayer of the petitioner is allowed. In the event of arrest or surrender within one month from today in connection with Complaint Case No. 2259 of 2006, above named petitioner shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of J.M., Ist Class, Katihar subject to the conditions as laid down under Section 438(2) of Cr. P.C. shail (Mandhata Singh, J.)