IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26491 of 2009 KURBAN ALI, son of Late Khodaddin, resident of village- Baniya Bhagwanpur, P.S. Saraiya, District- Muzaffarpur …….. Petitioner Versus THE STATE OF BIHAR ……… Opp.Party ----------- 2. 12/10/2009 Heard learned counsel for the petitioner and learned counsel for the State. Case is under section 376 read with 511 of the Indian Penal Code. Informant daughter-in-law has alleged attempt of rape against petitioner, who is father-in-law aged 70 years, as stated in paragraph 8 of the petition. From the F.I.R. itself, it appears that the informant had filed complaint in the court in respect of some ill- treatment at the hands of her husband and in- laws which was ultimately withdrawn on the basis of compromise. Petitioner is in custody since 6.4.2009. Considering the age of the petitioner and his incarceration, this application is allowed. Let petitioner be enlarged 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 S.D.J.M. (West) Muzaffarpur in - 2 - Saraiya P.S.Case No.70 of 2009 with conditions as laid down in Sub-Section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. Pradeep/ (J. N. Singh, J.)