IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12398 of 2010 Akbar Khan, S/o Late Aziz Khan, R/O/V-Suryapur, P.S.- Chhatapur, District- Supaul …………………Petitioner. Versus The State of Bihar ………………………..Opposite Party. For the petitioner :- Mr. Arun, Advocate. For the State :- Mr. Arun Kumar Pandey, A.P.P. ----------- 2. 10. 05. 2010. Heard the parties. In a criminal prosecution for offence under Section 376 and some other minor and bailable offences of the Indian Penal Code, there is direct allegation against the petitioner of committing rape upon the informant Jamila Khatoon. It is submitted by the learned counsel for the petitioner that physical relationship between the informant and the petitioner continued for a longer period as a result of which the informant became pregnant and she gave birth to a son and therefore, it was a case of consent between the parties and no offence of rape is made out against the petitioner. However, taking into consideration the fact that there is specific allegation of commission of rape against the petitioner and he is alleged to have sexually assaulted the informant for a longer time on allurement of marriage, which he finally refused. in that view of the matter, prayer for anticipatory bail made on behalf of the petitioner is rejected. The petitioner must surrender in the court below in connection with Chhatapur P.S. Case No. 13/09 within a period of four weeks from today and if so advised, seek regular bail, 2 which shall be considered and disposed of on its own merit without being prejudiced by the present order. m.p. ( Birendra Prasad Verma, J.)