IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40899 of 2009 SANDU YADAV, Son of Sugdeo Yadav, R/o village Kathbazara, P.S. Jhajha, District Jamui …… Petitioner Versus THE STATE OF BIHAR ……… Opp. Party For the petitioner : Mr. Bharat Lal , Advocate For the State : Mr. Ram Priya Sharan Singh, A.P.P. ---- 2 4.12.2009 Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is an accused in a case registered under Sections 376/511 of the Indian Penal Code. It is submitted on behalf of the petitioner that there is allegation of attempt of rape in the complaint case, where in the husband, father – in – law and mother – in – law all are named as witnesses. The complaint case had been filed on 8.11.2008 after 3 – 4 days of alleged occurrence. It is submitted that no first information report was lodged by the complainant and there is no explanation for the same also in the complaint case. It is submitted that during her solemn affirmation the complainant had tried to improve upon her case stating that rape has actually been committed whereas from perusal of complaint it appears that allegation is purely of an attempt - 2 - of rape. However, the enquiry witnesses have stated regarding attempt of rape. It is submitted that due to enmity with regard to grazing of paddy crops of the petitioner by cattle of the complainant this case has been filed. It is also submitted that family of the complainant is habitual in filing complaints. Previously the daughter of the father-in-law of the complainant had filed a case under section 341, 325, 354 and 504 of the Indian Penal Code against one Arbind Yadav and 5 others which has ended in acquittal. Petitioner is stated to be in custody since 20.7.2009. In the facts and the circumstances of the case, the petitioner, SANDU YADAV, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Brijesh Kumar, J.M. 1st Class, Jamui, in connection with Complaint Case No. 1294 C of 2008. Spd/- (Dr. Ravi Ranjan, J.) -----------