IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15329 of 2009 MD.SHARIF,son of Md. Muslim, resident of village-Gopi Nagar Parsa,P.S.- Barhara Kothi,District-Purnea. Versus THE STATE OF BIHAR ----------- 02/ 04-05-2009 Heard learned counsel for the petitioner and the State. An attempt has been shown by the petitioner to commit rape upon the victim girl, while submission of the learned counsel for the petitioner is that a case was lodged by the petitioner wife’s father against mother of the alleged victim for assault in which a report was filed by the police also in the court of the Chief Judicial Magistrate finding the case non-cognizable under Section 323 of the Penal Code and in the attempt no injury of any nature was found to corroborate the assertion, even then petitioner is apprehending his arrest. In the suggested facts and circumstances, this petition for anticipatory bail is allowed. In case of arrest or surrender within one month from today in Complaint Case No.1472 of 2008, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )