IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45512 of 2009 GANESH KUMAR RAY @ GANESH RAY son of Jay Kant Ray, resident of Lahrafoolwari, near Marwari Collegel, Police Station Kishanganj, District Kishanganj, ….Petitioner Versus THE STATE OF BIHAR… …OPPOSITE PARTY For the Petitioner: Mr. Dilip Kumar Singh, Advocate For the State: Mr. U.S.P. Singh, APP ----------- 7 12.04.2010 Heard learned counsel for the petitioner and the State. The petitioner is in custody and seeks bail in a case registered under sections 376/511 of the Indian Penal Code. As per the allegation set up in the first information report, the father of a minor girl of 4 years has stated that the driver of the bus of the concerned school took his minor daughter in a lonely place and made an attempt to rape her. The occurrence had been narrated by the minor girl to him. However, on apprehension that somebody was approaching that place, the petitioner fled away. It is submitted on behalf of the petitioner that as per allegation there was merely an attempt of rape and actually no rape was committed. Therefore, the ingredients of section 376 of the Indian Penal Code are not made out rather at best it would be a case under section 354 of the Indian Penal Code. It 2 is also submitted that the minor girl of 4 years had not stated anything before the police. It is submitted on behalf of the State that section 511 of the Indian Penal Code provides that whoever attempts to commit an offence punishable under I.P.C. with imprisonment, or cause such an offence to be committed, shall, where no express provision is made by this Code for the punishment of such attempt, be punished for a term, which may extend to one- half of the longest term of imprisonment provided for that offence, or with such fine as provided for offence, or with both. It is also submitted that the medical report shows that there was tenderness upon the genital organ of the minor girl. Having regard to the gravity of the nature of allegation against the petitioner regarding attempt of rape upon a minor girl of 4 years of age, this Court would not be inclined to grant bail to the petitioner. Accordingly, this application is dismissed at this stage. SC ( Dr. Ravi Ranjan, J.)