IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.12984 of 2009 ***** Deepak Rajbhar @ Deepak Singh @ Deepak @ Deepu, son of Late Vikau Rajbhar, resident of village- Mahadah, P.S. Buxar (M), district-Buxar at present residing at New Bus Stand, P.S. Buxar, district-Buxar. …. …. Petitioner Versus The State of Bihar …. …. Opposite party ----------- 2. 21.7.2009. Heard learned counsel for the petitioner and the learned A.P.P. for the State. Petitioner is in custody since 15.10.2008 in connection with Buxar (M) P.S. Case No.77/08, which was registered under Section 366A of the Indian Penal Code. Initially a complaint case was filed before the Court of Chief Judicial Magistrate, which was referred to the police for investigation. Allegation in the complaint is that the complainant comes from a poor family and runs a tea shop and he was helped in the same by his wife and two minor daughters. Petitioner is supposed to have allured the victim, taken her away to Ludhiana and was living with her and committed rape on her for almost one year when he returned to village he was arrested and taken into custody. Submission of learned counsel for the petitioner is that it is not one of those cases of crime but a case of emotion which may have gone wrong in judgment. It is also not disputed that the petitioner was living with the victim as husband and wife for over a year and she was expecting a baby out of the said relationship. Petitioner alleges that he is married to victim but there is no evidence for the same. Be that as it may, looking at the allegation and the period of - 2 - custody, let the petitioner, namely, Deepak Rajbhar @ Deepak Singh @ Deepak @ Deepu, be enlarged on bail on furnishing bail bond in the sum of Rs.10,000/- with two sureties in the like amount each to the satisfaction of C.J.M., Buxar. One of the sureties will be executed by a close relation of the petitioner and the petitioner will cooperate in the trial of the case and will not abscond. Pawan/- (Ajay Kumar Tripathi, J.)