IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1681 of 2009 UPENDRA RAI Versus STATE OF BIHAR ----------- 2 6.3.2009 Heard learned counsel for the petitioner and the State. The submission of learned counsel for the petitioner is that nothing was done upon the victim against her will. If that was against her will and was coming within the definition of rape then also it is upon Abdullah. The statement of victim under section 164 Cr.P.c. is clear that Abdulah was talking this petitioner for selling the victim for which no such liability can be fixed to refuse petitioner’s bail. In the facts of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran at Motihari in Pakri Dayal P.S. case no. 49 of 2008. (Mandhata Singh,J.) AI