IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.5072 of 2010 MUKESH MANDAL Son of Dhanik Lal Mandal Versus THE STATE OF BIHAR ----------- 2/ 14.05.2010 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in a case registered for the offence under Sections 448, 323, 376 and 504/34 of the Indian Penal Code. Learned counsel submits that the allegation is that on inducement of marriage, the petitioner committed sexual intercourse. He submits that even assuming prosecution case to be true, it was with mutual consent. The petitioner had earlier filed informatory petition before the Sub-Divisional Magistrate, Udakisunganj, as contained in Annexure-2, to this application. Nonetheless the parties have entered into compromise. Having regard to the facts and circumstances of the case, this Court observes that if petitioner surrenders before the court below (Chief Judicial Magistrate, Madhepura in connection with Alam Nagar P.S. case no. 71 of 2009) within six weeks from today and seeks regular bail, the same would be disposed of preferably on the same day, without being prejudiced by this order. It will be open to the petitioner to raise all these points at the time of surrender-cum-bail petition. Let order be communicated through Fax at the cost of the petitioner. Uday/ (Samarendra Pratap Singh, J.)