IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5423 of 2009 MD.ARIF @ ARIFAZAM Versus THE STATE OF BIHAR ----------- 2/ 22/05/2009 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends arrest in a police case under Sections- 366A, 376 and 314 of I.P.C. The submission is that Section-366A of I.P.C. applies if the victim is below 18 years of age. The medical report is of her being between eighteen to eighteen and a half years of age. The allegations are that the petitioner was having a physical relationship with the daughter of the informant for more than the past six months. The submission is of a consensual relationship between the daughter of the informant and the petitioner when the daughter is not complaining. Having considered the facts and circumstances of the case, let the petitioner above named surrender before the court below within four weeks when he shall be enlarged on anticipatory bail upon furnishing the bail-bonds of Rs.10,000/- (ten thousand) along with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Dalsingsarai, Samastipur in connection 2 with Dalsingsarai P.S. Case No.91 of 2008, subject to the conditions laid down under Section-438(2) Cr.P.C. KC ( Navin Sinha, J.)