IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26228 of 2010 Sheikh Mokim, son of Sheikh Noor Mohammad, resident of village Sij Tola Ameerabad, Police Station Manihari, District Katihar…………………………………………………………………..Petitioner Versus The State Of Bihar…………………….Opposite Party ----------- 4 08.10.2010 Heard learned counsel for the petitioner as well as learned counsel for the State. The case is under Sections 376, 323, 313, 511, 504 and 120B of the Indian Penal Code. The allegation against the petitioner in the first information report is of having committed rape on the girl, and, after promising to marry her, to have indulged into sexual abuse repeatedly. Case diary was called for and from the case diary it appears that the girl herself accepted before the Investigating Officer that she was in love with the petitioner and she wanted to marry. Since petitioner’s parent refused to do so, this case was instituted. Learned counsel for the petitioner has also pointed out that as per medical report annexed as Annexure-5, the girl is of above 19 years of age. The supervision note, 2 as enclosed with the case diary, discloses that the girl and her sister were reported to be of loose character. It is also mentioned in the supervision note that the girl was carrying pregnancy of about four months whereas petitioner had come in his village during Eid holidays only, two and half months before. It is stated that petitioner is in custody since 14.05.2010. Learned counsel for the petitioner also submits that once petitioner comes out from jail he will seriously consider marrying the girl. Considering the above facts and circumstances and also considering the fact that there is a chance of marriage between the petitioner and the girl, this application is allowed. Let petitioner (Sheikh Mokim) be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar in connection with Manihari P.S. Case No.168 of 2009 with conditions as laid down in sub-section (3) of Section 437 of the Code of Criminal 3 Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. BT (J. N. Singh, J.)