IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19227 of 2009 ARUN KUMAR JHA son of Sri Silakant Jha, resident of village- Dhanega, P.S.-Arer- Dist.-Madhubani. Versus STATE OF BIHAR ----------- 3. 30.7.2009. Heard learned counsel for the petitioner and the State. The petitioner is sole named accused of a case which was initially registered by way of complaint which on being referred to the police resulted in first information report under section 376 of the Indian Penal Code. The complainant/informant has alleged that in the night of 16 December, 2003 the petitioner has raped her in absence of her husband. Submission is that it was a case of adultery. The complaint- informant was a married lady. She was having physical relationship with the petitioner from before. This fact has been stated by a number of witnesses. The Dy.S.P. who has supervised the case came to a conclusion that it is a case of adultery and not a case of rape. Considering the facts and circumstances of the case the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate/court concerned, Madhubani in connection with Benipatti (Arer) P.S.Case No.17 of 2004. Md.S. (Shyam Kishore Sharma,J.)