IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35519 of 2010 SHAHID Versus STATE OF BIHAR ----------- 2 18.11.2010 Heard learned counsel for the petitioner as well as learned counsel for the state assisted by learned counsel for the informant. Allegedly, petitioner committed rape upon the informant and subsequently, he promised to solemnize marriage. But when the informant became pregnant, the petitioner refused to marry with her. Learned counsel for the petitioner points out that earlier the informant filed Complaint Case bearing Complaint Case No. 180 of 2010 which is Annexuyre-2 and when the allegation of the aforesaid complaint case was verified by the police official, the aforesaid allegation was found false which is evident from perusal of Annexure-3. On the otherhand, learned counsel for the informant vehemently opposed the prayer submitting that petitioner forcibly committed rape upon the informant and he promised to marry with her. Considering the aforesaid facts as well as the submissions, it appears to me that the informant was a consenting party and she was major at the time of alleged occurrence. Therefore taking into above said circumstances, 2 this anticipatory bail petition is allowed. In the event of arrest/surrender within 30 days from receipt of the order, the petitioner, Shahid shall be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Bahadurganj P.S. Case No. 22 of 2010 to the satisfaction of Chief Judicial Magistrate, Kishanganj subject to condition as laid down u/S 438(2) of the Cr.P.C, AKV/- ( Hemant Kumar Srivastava,J.)