IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4814 of 2010 MUNNA THAKUR, Son of Umesh Thakur, R/o Pakki Sarai, P.S. Ghogha (Kahalgaon), District Bhagalpur …. Petitioner Versus STATE OF BIHAR … Opposite Party ----------- For the petitioner : Mr. Uma Kant Prasad, Advocate For the S t a t e : Mr. Uma Shankar Pd. Singh, A.P.P. ---- 2 05.03.2010 Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks bail in a case registered under Sections 457, 380/511 of the Indian Penal Code. However, chargesheet has been submitted under Sections 452, 376/511 of the Indian Penal Code. As per the allegation as set up in the first information report the petitioner in the absence of informant intruded his house for the purposes of committing theft. However, he had been apprehended by the co-villagers who had also assaulted him. F.I.R. was lodged for the offence punishable under Sections 457, 380/511 of the I.P.C. Subsequently, the wife of the informant, levelled allegation regarding attempt of rape. It is submitted on behalf of the petitioner that, in fact, the petitioner himself lodged first information - 2 - report for the occurrence earlier than the present F.I.R. lodged by the informant of this present case. The first information report has been brought on record as Annexure 2. It is also submitted that in the first information report, there is no whisper regarding any attempt of rape. However, later on the basis of the statement of the wife of the informant, charge sheet has been submitted under Sections 376/511 of the Indian Penal Code for alleged attempt for rape. It is further contended that the aforesaid statement of wife obviously is an after the thought. Petitioner is stated to be in custody since September, 2009. In the facts and the circumstances of the case, the petitioner, MUNNA THAKUR, 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 Additional Sessions Judge, Fast Track Court No. V, Bhagalpur in connection with S.T. No. 937 of 2009 / 142 of 2009 arising out of Kahalgaon (Ghogha) P.S. Case No. 364 of 2009 . Spd/ (Dr. Ravi Ranjan, J.)