IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER SB Cr Misc Third Bail Application No. 6395/2010 Mukesh Singh Vs State of Rajasthan 20.7.2010 HON'BLE MR JUSTICE MN BHANDARI Mr DS Poonia - for the petitioner Mr Laxman Meena, PP – for the State BY THE COURT: Heard learned counsel for the parties and perused the record of the case. Learned counsel for the petitioner submits that though a case has been registered for the offence under section 376 IPC, it is a case of consent. The prosecutrix and the accused petitioner travelled to many places and if anything was done thereunder then no offence is made out, more specifically a case under section 376 IPC. Hence, petitioner may be released on bail. On the other hand, learned Public Prosecutor has opposed the bail application. He submits that the age of the prosecutrix is 15 years only thus even if the argument is accepted that it is a case of consent, then also offence under section 376 IPC is made out. In view of aforesaid, petitioner may not be granted bail. After taking into consideration rival submissions of the parties and without expressing any opinion on merits of the case, which may otherwise affect the outcome of the trial, but looking to the facts of this case, I am not inclined to grant bail to the petitioner. Hence, the bail application is dismissed. (MN Bhandari), J. bnsharma