IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42867 of 2007 MAHENDRA PRASAD Versus THE STATE OF BIHAR ----------- 5. 14.5.2008 Heard learned counsel for the petitioner and learned APP for the State. The petitioner Mahendra Prasad, who is said to be in custody since 27.3.2007, stands implicated in Kadamkuan P.S.case no. 284/07 under Sections 354, 376 and 511 IPC on the allegation that he attempted to commit rape. Submission has been advanced that the manner in which FIR has been drawn depicting the occurrence does not inspire to constitute the ingredients of Sections 376/511 IPC. Moreover, a child of hardly 2 and ½ years is not at all supposed to depict the state of affairs as mentioned in the written report addressed to police officer by the informant. No medical evidence is on the record to suggest that dirty thing was found in the mouth of the victim, who is alleged to have been used in oral sex. It has also been submitted that petitioner happens to be close neighbour of the victim’s family and due to some family dispute he has falsely been implicated. In the facts and circumstances, the petitioner, above named, is directed to be released on bail on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna, in Kadamkuan P.S.case no. 284/07. (Subash Chandra Jha,J.) spal/