IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10953 of 2010 ROHIT SAH GOND S/O BIKRAMA SAH, R/O VILLAGE- MUSHARI, P.S. KOPA, DISTRICT-SARAN AT CHAPARA. --PETITIONER Versus THE STATE OF BIHAR --OPP.PARTY 5 07.09.2010 Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State, who is armed with carbon copy of the case diary of present case, i.e. Kopa P.S. Case no. 27 of 2009 as well as counter version Kopa P.S. Case no. 31 of 2009 and Sri A.K. Bahadur, learned counsel for the informant. The petitioner is named accused in this case, carries allegation of tress-passing in the house of the informant at mid-night with evil intention though could not succeed to commit rape upon her inspite of taking all attempts. Police, finding the case true against the petitioner, has already submitted charge sheet. On behalf of the petitioner Kopa P.S. Case no.31 of 2009 was lodged stating that in the next evening he was assaulted by some persons named in the case in between another case being Complaint Case no. 1338 of 2009 has been lodged against the petitioner 2 by the informant lodging of complaint case with Police with respect to occurrence happened with her, she was again misbehaved and assaulted by the petitioner. Considering all such facts and circumstances, this Court do not find it a fit case wherein privilege sought may be granted. Hence, prayer is refused. The petitioner if surrender and seek regular bail the prayer shall be considered on its own merit. (Akhilesh Chandra, J.) AAhmad