IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40406 of 2008 SATYA PRAKASH NIRALA … … Petitioner Versus THE STATE OF BIHAR … … Opp. Party For the petitioner: Shri Jitendra Pandey For the State: Shri Dashrath Mehta, A.P.P. ----------- 3. 4.12.2008 Heard. The case is under Section 376 of the Indian Penal Code and the lady has alleged the commission of rape upon her firstly in September, 2007 and again sometimes in April 2008. She alleged that on account of being raped on the first occasion she conceived a baby and on account of being raped on the second occasion she miscarried the baby and she had to undergo a surgery on that account. The defence taken by the petitioner was that, in fact, the lady and her husband were supplied garments on credit by the petitioner who runs a readymade garments business and the credit of Rs. 40,000/- was not being paid and she has filed a false case. Learned Additional Public Prosecutor has pointed out to the Court that there were 2 instances of repeated rape committed by the petitioner upon he lady and not twice as alleged by the lady. The learned A.P.P. has been fair enough to submit that this could be significantly a case of consented sexual intercourse. Let the petitioner Satya Prakash Nirala be released on his furnishing ka bond of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Patna, in Gardanibagh P.S.Case No.132 of 2008. Kanth ( Dharnidhar Jha, J.)