IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6783 of 2009 GANESH MALAKAR, S/o Dharni Malakar, Resident of Village- Belgachhi, P.S.- Pranpur, Distt.-Katihar. ………………………Petitioner Versus 1. STATE OF BIHAR . 2. HAWA DEVI, D/o Hada Rishi, Resident of Village- Belgachhi, P.S.- Pranpur, Distt.-Katihar. …………..Opp. Parties. ----------- 2/ 01.05.2009 Heard learned Counsel for the petitioner and learned Counsel appearing on behalf of the State. The petitioner seeks bail in a case which has been registered under Section 376 and some other Sections of the Indian Penal Code and Sections 3(X)(XI) of the S.C. & S.T. Act. The complaint was filed by the complainant that she was in love with the petitioner. The petitioner has established physical relationship but refused to marry. Submission is that even according to the complaint, it was a case of consented sex. The informant has already a married lady and having one female issue. No offence under Section 3(X)(XI) of the S.C. & S.T. Act is made against the - 2 - petitioner because she is also a member of the Scheduled Castes. The complainant is of 32 years of age. Considering the facts and circumstances of the case, let the above named petitioner is directed to 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 the Chief Judicial Magistrate, Katihar/concerned court in connection with Pranpur P.S. Case No.- 105 of 2008/G.R. No.- 1697 of 2008. kksinha/ (Shyam Kishore Sharma, J.)