IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7227 of 2008 MUKENDRA KUMAR @ GUNGA Versus THE STATE OF BIHAR ----------- 5. 16.12.2008 Heard Mr. P.C. Yadav, learned counsel for the petitioner and Mr. D. Mehta, learned A.P.P. The allegation comes from the mother of the two years old female baby. The petitioner, who was deaf and dumb, picked up the baby, took her to the roof of a building and attempted to commit rape upon her. The mother was alarmed by disappearance of the baby and reaching the scene of occurrence so as to finding what has been reported. It is contended that the petitioner was a servant in the house of the informant who has filed a false case. That contention appears negated by the very statement made in the F.I.R. that the petitioner was employed by some other person, namely, Chandramouli Prasad, who signaled the petitioner to run away. At any rate, the petitioner is in custody since 30.6.2007 and the case is under section 375 of the Indian Penal Code and in that view, let petitioner named above 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 the Addl. Chief Judicial Magistrate, Barh, Patna, in connection with Athmalgola P.S. case no.53 of 2007. sudip ( Dharnidhar Jha,J )