IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44279 of 2010 MANOJ SINGH S/O KAMLA PRASAD SINGH, RESIDENT OF VILLAGE- BISHRAMPUR, P.S. – SHIV SAGAR, DISTRICRT- ROHTAS….PETITIONER. Versus THE STATE OF BIHAR….OPPOSITE PARTY. ----------- 3 26.3.2011 Heard the parties. The petitioner apprehends his arrest in a criminal prosecution registered under sections 376 and 511 of I.P.C. Learned counsel for the petitioner submits that though the petitioner is sole accused, but admittedly offence of rape was not complete. Petitioner is merely alleged to have attempted to commit rape. It is further highlighted that during the course of investigation, the prosecution allegation has not been supported by the independent witnesses and now the matter has been compromised between the parties. Be that as it may, in view of nature of allegation in the F.I.R., this Court is not inclined to accede to the prayer made on behalf of the petitioner for grant of anticipatory bail. It is accordingly rejected. However, if the petitioner surrenders before the court below in connection with Sasaram (Town) P.S. Case No.541/10 pending before the C.J.M., Sasaram, Rohtas within 2 a period of four weeks from today and seeks regular bail, then learned Magistrate shall be obliged to look into all the materials including the compromise petition and shall pass order in accordance with law on its own merit without being prejudiced by the present order. Anilkr.sinha (Birendra Prasad Verma,J.)