IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7334 of 2011 MD. SHOAIB ALAM @ MD. SHOAIB AHMAD SON OF LATE MD. RAQUIB. Versus THE STATE OF BIHAR ----------- 2 31.03.2011 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in connection with Kajraily P.S. Case No. 03/2011pending in the court of learned C.J.M., Bhagalpur, registered under Sections 376 and 314/34 of the Indian Penal Code. It is alleged against the petitioner to have established physical relationship with the daughter of the informant after the death of his first wife. It is also alleged that the victim girl got pregnant and subsequently, the petitioner tried to get the pregnancy terminated, which created the whole problem. Let the learned court below consider the regular bail application of the petitioner keeping in mind that the physical relationship was established in anticipation of the marriage. Hence, such type of 2 physical relationship does not prima facie come within the purview of Section 376 I.P.C. With the above observation, this application is, accordingly, disposed off. Amrendra/- (Dinesh Kumar Singh, J.)