IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41586 of 2010 NITISH SINGH Versus STATE OF BIHAR ----------- For petitioner: Mr. N.A.Shamsi, Advocate & Mr. Sanjiv Sharan, Advocate ======== 3 30.3.2011 Heard learned counsel for the petitioner and learned counsel for the informant. The allegation begins with teasing informant-victim girl, thereafter petitioner is alleged to enter her house along with his friends and after closing all the family members in a room, committed rape upon the informant, thereafter remained in physical relation on assurance of marriage. She later gave birth of a child also. The act of teasing is bailable, not disputed, thereafter using of forcible sexual intercourse is doubted on the ground that it was day time, all the family members were closed in a room but there was neither cry nor any alarm nor neighbours were asked to help. The victim girl is said major and nothing has been collected regarding her being minor even there is no report while she was admitted to Hospital for giving birth of a child. Remaining in physical relation for such a long period, non- 2 disclosure due to fear appears not believable as F.I.R. is there and every stage is opposed even bail. To me also it appears that the act was consented one. Thus, having regard to the facts and circumstances 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 the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Patna City, Patna in Bahadurpur P.S. Case No. 59 of 2010, subject to the condition as laid down under section 438(2) Cr.P.C. AI ( Mandhata Singh, J.)