IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3828 of 2009 DILIP KUMAR,son of Narsingh Prasad,resident of village- Dhibrapar,P.S.-Parwalpur,District- Nalanda. Versus STATE OF BIHAR ----------- 03/ 13-04-2009 Heard learned counsel for the petitioner and the State. Submission of the learned counsel for the petitioner is that though there is allegation made on behalf of the victim (informant) that to meet the urgent call of nature while she came in a building with her son, her son went in a lavatory. Thereafter, a case for attempt to rape upon the victim by the accused was made without specifying the overt act of the accused (miscreants) at the stage of FIR. Arun Kumar is said to be involved basing a photograph which fell down from the pocket of the culprit but at a belated stage she named this petitioner. So, the suspicious circumstance regarding appearance of the name of the petitioner followed by no specific overt act even if can be taken for an attempt to rape, his arrest cannot be justified. I agree with the same. In case of arrest or surrender within one month from today in Bihar P.S.Case No.274/2008, 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, Nalanda, subject to the conditions as laid down under sub- section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )