IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21416 of 2009 MD.AYUB Versus STATE OF BIHAR ----------- 03. 10.08.2009 Heard both sides. Sole petitioner seeks bail in a case instituted under Sections 376 and 511 of the Penal Code. Allegation is that petitioner along with one of the co-accuseds, namely, Md. Imteyaz entered into the house and tried to commit rape on the complainant/informant. Few days thereafter it appears that complaint was lodged which was later on treated as F.I.R.. Learned counsel for the petitioner submits that on or around the same date and time F.I.R. was lodged by father of co- accused, namely, Md. Imteyaz against the father of the complainant and others under Section 364 of the Penal Code, in which the police ultimately submitted charge sheet (annexure-2). Petitioner was one of the witnesses cited in the said case. The police investigated the case and did not send him up for trial as is evident from annexure-3. It is further highlighted that looking to these aspects of the matter co-accused, namely, Md. Imteyaz has already been privileged with bail by the learned court below. In the facts and circumstances of the case, petitioner above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- ( ten thousand) with two sureties of the like 2 amount each to the satisfaction of the C.J.M. Madhubani in connection with Harlakhi P.S.Case no. 72/2006. Sym/ (Kishore K. Mandal, J.)