IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.38053 OF 2009 SAHEB KUMAR, SON OF LATE DHARMNATH PRASAD, RESIDENT OF MOHALLA MAUNA, MOHAN NAGAR, POLICE STATION TOWN, DISTRICT SARAN VERSUS THE STATE OF BIHAR ******* 2 03/11/2009 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner is aggrieved by the order dated 06.08.2009 by which the Court below has refused to discharge the petitioner for the offences under Sections 376, 511/34 of the Indian Penal Code. Learned Counsel for the petitioner submits that two cases were filed, one at Chapra Police Station and the other at Bhagwan Bazar Police Station by the husband and his wife respectively. The husband has filed a case which is at Bhagwan Bazar Police Station stating that there was an attempt to rape whereas the wife has lodged a case alleging rape. Learned Counsel for the petitioner submits that prima facie on the basis of the two FIRs filed with respect to the same occurrence, it would appear that at the most a case is made out under Section 354 of the Indian Penal Code and the allegation that the rape was committed is frivolous and is not borne by the materials on record. This aspect of the matter would only be decided 2 if evidence comes in the case and the Court below will definitely keep in mind the case filed by the husband wherein he has stated that there was a dispute and exchange of hot words with respect to the behaviour of the petitioner who had attempted to rape his wife. I find that it would not be proper to pass any comment or any order in this case at this stage. This application is accordingly disposed of with the aforesaid observations. ANAND ( Sheema Ali Khan, J. )