IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41324 of 2010 SHAMBHU RAI Versus STATE OF BIHAR ----------- 03. 15.03.2011. Heard both the sides. The case is under Section 366A of the IPC and the allegation is that the petitioner along with other accused persons took away Munni, daughter of complainant Usha Devi by enticing her. Undisputedly the lady was married to one Mohan Singh and had a son out of this wed-lock. The further statement of the lady recorded by the Magistrate under Section 164 Cr.P.C. is that she was taken by this petitioner and one Sushil Singh after administering some stupefying substance to different places and was continuously raped by this petitioner on all days. As may appear from the very statement of the girl, she was taken to the houses of different relatives of the petitioner and was also subjected to sexual intercourse. She has admitted that she was cooking the meals for the petitioner and the petitioner was also cooking for her. Besides, her statement 2 before the police in paragraph-20 indicates as if the lady was a consenting party and had eloped with the petitioner out of her own free will. She was continuously having in her possessing a cellular phone but never complained to any one and she came from the custody of her mother to give her statement before the police or before the Magistrate. What appears from the statements of the victim recorded by the police as also by the learned Magistrate is that it might be a case of elopement and so as to saving her married life. She was giving a statement adverse to the petitioner, considering which, let the above named petitioner be released from custody on furnishing bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in Sakra P.S.Case No.292 of 2010. B.Kr. ( Dharnidhar Jha,J.)