IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8494 of 2008 SHIVA SINGH Versus STATE OF BIHAR & ANR ----------- 3/ 31.07.2008 Heard learned Counsel for the petitioner and learned Counsel appearing on behalf of the State. A written report was given by the informant that she was having no brother. She was being kept by her father in her village after her marriage. Her marriage was performed earlier and the petitioner has evil eyes upon her. Allegation is that on 13.11.2007 took her inside the house where his elder bhabhi was also present. The intention was for committing rape. Submission is that nobody would intend to commit rape in presence of other persons. The allegation at best comes under Section 354 of the Indian Penal Code and not under Sections 376/511 of the Indian Penal Code. Considering the facts and circumstances of the case, the petitioner Shiva Singh is ordered to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar in connection with Kursela P.S. Case No. 78 of 2007 (G.R. No. 2110 of 2007). kksinha/ (Shyam Kishore Sharma, J.)