IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36499 of 2009 MANIRAJ MAHATO, Son of Late Kanan Mahato, resident of village- Kunai Laxmipur, police station-Laukaria, District-West Champaran. ………………………………..Petitioner. Versus THE STATE OF BIHAR.………………………………..Opposite Party. ----------- 2/ 13.10.2009 Heard Mr. Brij Kishore Mishra, learned Counsel for the petitioner and learned APP appearing on behalf of the State. The petitioner is sole named accused of the case which has been registered under Sections 366/376 of the Indian Penal Code. The informant’s daughter Dilmaya Devi was earlier married with another person. She was living in the house of the informant after deserted by her first husband. Subsequently, she developed intimacy with the petitioner and on assurance of the petitioner she establish physical relationship with him. The marriage was refused. 2 Submission is that the victim is already a married lady and at best she was a consenting party. Allegation of rape cannot be even imagine. Considering the facts and circumstances of the case, the above named petitioner is directed to be released from custody 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 learned 3rd Additional Sessions Judge, Bagaha, West Champaran/concerned court in connection with Sessions Trial No. 308 of 2009 arising out of Laukaria P.S. Case No. 07 of 2009. kksinha/- ( Shyam Kishore Sharma, J. )