IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2989 of 2011 1. MD. TAHIR SON OF LATE SALAMAT 2. MD. KUDUS SON OF LATE MOHSIN. BOTH RESIDENT OF VILLAGE- BARMOTRA, POLICE STATION- BHARGAMA, DISTRICT- ARARIA. ----------- PETITIONERS Versus THE STATE OF BIHAR ----------- 2 08.03.2011 Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in a case registered under Section 376/511 of the Indian Penal Code. It is alleged against the petitioners to have made an attempt for establishing physical relationship with the informant’s daughter. It is alleged in the F.I.R., that the victim went on the motor cycle with the petitioners and subsequently, she returned, when she alleged that the petitioners wanted to establish the physical relationship, but it could not be possible. It is submitted on behalf of the learned senior counsel for the petitioner that no case, under Section 376/511, is made out. It appears that the occurrence alleged to have 2 taken place on 29.09.2010 but the written report was filed on 09.10.2010. Considering the unexplained delay in lodging the F.I.R. and the fact that medical report does not inspire confidence with regard to the accusation, let the above named petitioners, be released on anticipatory bail, in the event of their arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with Bhargama P.S. Case No. 106/2010, subject to the conditions as laid down under Section 438(2) Cr.P.C. Amrendra/- (Dinesh Kumar Singh, J.)