IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16287 of 2009 MD.MUBARAK,son of late Md.Naimul @ Bhola, resident of village-Sahebnagar Bandh Tola,P.S.-Mansahi,District-Katihar. Versus THE STATE OF BIHAR ----------- 02/ 15-05-2009 Heard learned counsel for the petitioner and the State. Petitioner has been alleged for committing rape upon the informant with assertion that he indulged with her in sexual intercourse, even after using force and thereafter assurance of marriage. I find contradiction in the allegation that is stressed by the learned counsel on the ground that the informant herself was a married lady, who had come to her Nanihal from her husband’s house and only for unexpected gain this allegation has been levelled. In my view also, there could be some substance in the allegation, if there would not have been the allegation of assurance for indulging in the sexual intercourse by an unmarried girl. In the discussed facts and circumstances, this petition for anticipatory bail is allowed. In case of arrest or surrender within one month from today in Mansahi P.S.Case No.3/2009, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )