IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19530 of 2010 MD.MUMTAZ Versus STATE OF BIHAR ----------- 4 1.9.2010 Heard learned counsel for the parties. Differences in between the parties is submitted and shown, allegedly victim was caught, lifted towards maize field and committed rape. There is no mention of any alarm, resistance or use of any other type of force in committing the sexual intercourse rather victim kept mum and sexual intercourse was committed by the petitioner though only penetration in part is sufficient for constituting the offence under section 376 IPC but in the instant case, complete sexual intercourse is alleged even finding of doctor showing ‘hymen was intact’ doubts the allegation for anticipatory bail. Hence, prayer for anticipatory bail on behalf of petitioner is allowed. In the event of arrest or surrender within one month from the date of communication of this order, the above named petitioner shall be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of 2 Chief Judicial Magistrate, Darbhanga in Ashok Paper Mill P.S. Case No. 38 of 2010, subject to the condition as laid down under section 438(2) Cr.P.C. AI ( Mandhata Singh, J.)