Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42247 of 2011 ====================================================== 1. Mantosh Rai., son of Baij Lal Roy, R/O,Vill.-Mahdeba,P.S.- Laukahi,Dist.-Madhubani. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Raj Kumar, Advocate For the Opposite Party/s : Mr. S.K.Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 3. 13-02-2012 Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Laukahi P.S.Case No.41 of 2011 (G.R.No.618 of 2011) for offences punishable under [STATUTE] . Learned counsel for the petitioner, with reference to the opinion of the Medical Board as recorded in para-42 of the case diary, submits that the age of the victim girl has been assessed at 17 years and she has been found pregnant by 25 weeks. Learned counsel further with reference to the statement of the victim girl herself made in her statement under section 161 of the Code of Criminal Procedure Patna High Court Cr.Misc. No.42247 of 2011 (3) dt.13-02-2012 2 (hereinafter referred to as the Code), and under section 164 thereof, submits that the victim girl admitted to the relationship with this petitioner since past one year. Regard being had to the circumstances, let the petitioner, Mantosh Rai 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 Additional Chief Judicial Magistrate, Jhanjharpur in connection with Laukahi P.S.Case No.41 of 2011 (G.R.No.618 of 2011), subject to the condition that the petitioner shall ensure his representation before the court below on each and every date fixed in the case and the failure on the part of the petitioner to ensure his representation on two consecutive dates fixed in the case, without reasonable explanation to the satisfaction of the court below, would entitle the court concerned to cancel the bail bond of the petitioner and to take him into custody. ahk (Jyoti Saran, J)

Applicable IPC Section: 493

Statute Text:
Section 493 of the Indian Penal Code. A man by deceit causing a woman not lawfully married to him to believe that she is lawfully married to him and to cohabit with him in that belief. Every man who by deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.