IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11556 of 2010 KRISHNA TIWARI Versus STATE OF BIHAR ----------- 3 5.7.2010 KHAN Heard counsel for the petitioner and the State. The petitioner is an accused in a case under section 376 of the Penal Code. Learned counsel for the petitioner submits that the instant case would not come under the purview of section 376 of the Penal Code as consent was implied. The prosecution case too is improbable. The petitioner is in custody since 5.3.2005. In the circumstances, the petitioner Kishna Tiwari is directed to be released on bail in connection with S.Tr.No.226 of 2008 arising out of Jehanabad P.S. Case No.277 of 2003 on furnishing bail bond of Rs.5,000/- with two sureties of the like amount each to the satisfaction of the Addl. District & Sessions Judge, F.T.C.4, Jehabanad. (S.P.Singh,J)