IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11592 of 2009 PAGAL @ TUNNA CHOUDHARY son of late Doma Choudhary, resident of village Darawan, Mallah toli, P.S. Mohania, District Kaimur(Bhabhua)… … Petitioner Versus THE STATE OF BIHAR… ..OPPOSITE PARTY For the Petitioner: Mr. Achhaibar Singh, Advocate, For the Informant: Dr. Kislay,Advocate, For the S t a t e : Mr. R.P.S. Singh, A.P.P. ----------- 4 05.10.2009 Heard learned counsel for the petitioner, the State and the informant. The petitioner has been made accused in a case under sections 376 and 511 of the Indian Penal Code. Learned counsel for the petitioner submitted that ingredients of section 376 of the Indian Penal Code are not made out in this case and the petitioner has been falsely implicated in this case for attempt of committing rape on the informant. It is further submitted that the petitioner is in custody since 06.12.2008. Learned counsel for the informant submitted that chargesheet has been submitted against the petitioner under sections 307/376/511 of the Indian Penal Code and from the order passed by the learned Sessions Judge, it is apparent that injuries like swelling and abrasion are there upon the victim. 2 Learned counsel for the State submitted that though this case would not come under the purview of section 375 of the Indian Penal Code, materials have been collected during the course of investigation indicating attempt to commit rape on the informant by the petitioner. Having regard to the facts and circumstances of the case, let the petitioner, Pagal alias Tunna Choudhary, be enlarged 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 Chief Judicial Magistrate, Bhabhua in Mohania P.S. Case No. 297 of 2008. SC ( Dr. Ravi Ranjan, J.)