IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.50302 of 2008 DHANARAJ KUMAR @ PRINCE KUMAR Versus STATE OF BIHAR ----------- For the petitioner : Mr. Sandeep Kumar, Advocate For the State : Mr. R.P.Sharan Singh, A.P.P. For the informant : Mr. Indu Bhushan, Advocate ----- 5 04.05.2009 Petitioner DHANARAJ KUMAR @ PRINCE KUMAR, one of the FIR named accused of Naya Ram Nagar P.S. Case No. 115 of 2008 registered under sections 376/34 IPC is in custody since 26.10.2008 in connection therewith. The allegation against the petitioner is of his standing guard even as co-accused Suman Kumar Singh is said to have attempted to commit rape on the informant. It is curious that the informant’s mother who was sleeping by her side raised no alarm even as per the allegation in the FIR Suman Kumar Singh attempted to commit rape and thereafter gave a blow with hammer on the head of the informant as she attempted to raise alarm. Medical report which is available in paragraph 16 of the case diary is completely contrary to the prosecution case as it discloses that there was only an old scar on her forehead near the eye and secondly no injuries were found on the person of the informant. Co-accused Suman Kumar Singh against whom allegation has been made of attempting to commit rape has already been conferred with the privilege of section 438(2) Cr.P.C.. 2 Due regard being had to the facts and circumstances of the case, petitioner DHANARAJ KUMAR @ PRINCE KUMAR is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Munger in connection with Naya Ram Nagar P.S. Case No. 115 of 2008. Spd/- (Abhijit Sinha, J.)