IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28369 of 2011 Md. Riyaz @ Chunna, Son of Md. Daud, resident of village-Pachahi, P.S.- Madhepur, District-Madhubani. Versus The State of Bihar ----------- 2. 25.08.2011 Heard learned counsel for the petitioner and learned counsel appearing for the State. The sole petitioner apprehends his arrest in connection with a case registered for the offence under Sections 376 and 323 of the Indian Penal Code. The case was initially registered as a complaint on 7.1.2011 which was referred to the police for institution of F.I.R. and investigation and accordingly, a police case was registered. The informant has alleged that the petitioner is his co- villager. They were known to each other since long. The petitioner promised to marry the informant and thus, they indulged in physical relationship since 15.2.2010. Subsequently, the informant became pregnant. On 28.12.2010, again, the informant indulged in physical relationship with the petitioner and when she insisted for marriage, the petitioner misbehaved with her. Thus, the informant found herself cheated and ultimately, on 7.1.2011 a case was filed. Learned counsel appearing on behalf of the petitioner submits that the entire case is concocted in order to put undue pressure upon the petitioner to compel him to agree for marriage. He also submits that even if the entire prosecution case is accepted to be true, the offence under Section 376 IPC would not be made 2 out, as the informant being a matured girl, was having sexual intercourse for about a year without any threat or coercion and, thus, the same cannot be said to be against her will. In other words she was a consenting party. Taking into consideration the aforesaid facts let the above named petitioner, who admittedly is a young boy aged about 22 years, in the event of his arrest or surrender before the Court below within a period of four weeks from the date of receipt/communication of this order, be released on bail on furnishing bail bonds of Rs. 5,000/- (Five thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Jhanjharpur, Madhubani in connection with Madhepur P.S. Case No. 41 of 2011 subject to the conditions as laid down under Section 438(2) Cr. P.C. Sanjeet/ (Ashwani Kumar Singh, J.)