IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4665 of 2010 MD.SHAMIM MANSURI, SON OF JAKRUDDIN MANSURI, RESIDENT OF VILLAGE-SAJAPUR, P.S. SAJAPUR, DISTRICT-BHAGALPUR……PETITIONER. Versus THE STATE OF BIHAR…………….OPPOSITE PARTY. ---------- For the Petitioner : Mrs. Anita Kumari Singh, Advocate. For the State : Mr. Uma Shankar Prasad Singh, A.P.P. ------------- 3. 30.3.2010. Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks bail in a case registered under Section 376 of the Indian Penal Code. As per the allegation set up in the First Information Report, the petitioner was travelling with the victim lady in a general compartment of train alongwith several other persons and it is alleged that the petitioner had committed rape. It has been submitted on behalf of the petitioner that the entire story is absurd and incredible as it could not be possible to commit rape in a general compartment of train, admittedly, in presence of several other persons, who - 2 - were also travelling in that compartment. Learned counsel for the petitioner further submits that even if it is assumed that there had been sexual relationship during that period, it would be apparent from the F.I.R. itself, that the same was consented one. It is stated that the petitioner was apprehended on 4.6.2009 but was remanded on 7.6.2009. Having regard to the facts and the circumstances of the case, the petitioner, Md. Shamim Mansuri, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Fast Track Court- III, Bhagalpur, in connection with Sessions Trial No.923 of 2009 arising out of Bhagalpur G.R.P.S. Case No.23 of 2009. P.S. (Dr. Ravi Ranjan,J)