IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29808 of 2009 MD.SHAMIM AKHTAR Versus THE STATE OF BIHAR ----------- 3 8.12.2009 Heard learned counsel for the petitioner, the informant and the State. The victim girl is also represented through a learned counsel. According to him every allegations are there for constituting the offence of rape with minor girl which is countered on behalf of petitioner by making submission that he has falsely been implicated in the case as was opposing victim’s activity being his relation otherwise he accompanied co-accused Azad, if on force victim was taken on Bus by co-accused Azad, kept to his house for four days, there should be some evidence showing protest but no evidence has appeared showing her protest even nor any violence is found on her person including private part. It appears her consented act with Azad. In the facts and circumstance of the case, in the event of arrest or surrender within one month from the date of communication of this order, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of Chief Judicial Magistrate, Araria in Araria P.S.Case No. 318 of 2009, subject to the condition as laid down under section 438(2) Cr.P.C. A.I (Mandhata Singh, J.)