IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14993 of 2011 DHEERAJ KUMAR TIWARY Versus THE STATE OF BIHAR ----------- 02. 11.05.2011 Heard learned counsels for the petitioner, informant and the State. Petitioner is apprehending his arrest in a case registered under Sections 376/511 of the I.P.C. The accusation against the petitioner is that on 07.11.2010 at 11:00 A.M. when the informant went to the roof of her house she found petitioner trying to establish forceful physical relationship with the informant’s six years old daughter but the petitioner fled away from the place of occurrence. It is submitted by learned counsel for the petitioner that taking the accusation levelled in the F.I.R. the case is, at best, made out under Section 354 of the I.P.C. It is further submitted that no medical examination of the victim was done and the petitioner was minor at the time of the occurrence. Learned counsel for the informant submits that the informant in her subsequent statement has elaborated the accusation. From plain reading of the F.I.R., prima facie the case appears to be under Section 354 of the I.P.C. The case was instituted on 07.11.2010 2 when it was transmitted to the learned C.J.M. on 15.11.2010. Considering the fact that both sides are neighbour and there is admitted land dispute between the parties, let the petitioner namely Dheeraj Kumar Tiwary, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 388 of 2010. Shageer ( Dinesh Kumar Singh, J)