IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23545 of 2009 OM PRAKASH SAH son of Bhutu Sah, resident of village Pipra, P.S. Teragach, Dist. Kishanganj …..Petitioner. Versus THE STATE OF BIHAR ----------- 2 25.8.2009 Heard learned counsel for the petitioner and learned counsel for the State. The case is under sections 448, 376, 323, 504/34 of the Indian Penal Code. The allegation against the petitioner is that under the threat he raped the informant. Thereafter he the physical relationship continued for many months as a result of which the informant conceived. It is said that there was a Panchayati and when the Panchati failed case was lodged by the informant. Learned counsel for the petitioner submits that it is not possible to continue the physical relationship with a lady who is major aged about 25 yeas with a boy of 18 years for such a long time without her consent. He further submits that Panchayati shows that there was some element of consented relationship and only on failure of Panchayati this case has been instituted. Petitioner is in custody since 17.1.2009. Considering the above facts and circumstances, let the petitioner namely Om PrakashSah be released on bail on his furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of C.J.M. , Kishanganj in connection with Terhagachh P.S. case No. 80 of 2008 (J.N.Singh,J) - 2 - M.Rahman