IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46658 of 2009 DILIP MANDAL @ DILIP KUMAR DINKAR Versus The STATE OF BIHAR ------ For the Petitioner : Mr. Ashok Kr. Jha. For the State : Mr. Dinesh Singh. For the Informant : Mr. Arun Kr. Mishra. ---- 2/ 02/02/2010 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant. No more liberty to a lady can be given then law permits. I think assurance of marriage never justifies to give any authority the lady to betray from her consent for her indulgence in sexual act in case of assurance is withdrawn. So, in the instant case, the act would have come within the definition of rape if it had committed with a minor girl but she was examined at the relevant time by the Medical Board which has assessed her age as major one. So, basing the allegation for sexual indulgence on assurance of marriage never can be taken for refusal of anticipatory bail. Considering the facts and circumstances of the case, the prayer of the petitioner is allowed. In the event of arrest or surrender within one month from the date of receipt/production of a copy of this order in connection with Sakri P.S. Case No. 116 of 2009, 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 C.J.M., Madhubani subject to the conditions as laid down under Section 438(2) of Cr. P.C. shail (Mandhata Singh, J.)