IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35719 of 2008 SANJAY KUMAR Versus STATE OF BIHAR ----------- 3. 12.11.2008 Heard Sri D.K.Singh-I, Advocate for the petitioner and the learned A.P.P. for the State. The case is under Section 376 of the IPC and the petitioner is named in the FIR as the person who committed rape upon the lady after picking her up from a college gate and taking her to a lonely place. The girl appears examined also under Section 164 Cr.P.C. and her statement before the Magistrate specially in paragraph 3 she stated that the petitioner had committed sexual intercourse with her on two earlier occasions as well and have promised to marry her but he did not do it. The contention is that the doctor examining the lady has opined that the lady was habituated to intercourse and that she appears a consenting party and filed the case probably because the petitioner did not marry her. The contention further is that on her own statement she is aged about 22 years as appears from the FIR of the case. Regard being had to the facts of the case and the statement of the victim recorded under Section 164 Cr.P.C., let the above named petitioner be released from custody on furnishing bond of Rs.3,000/- (three thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M. Danapur, Patna in Naubatpur P.S.Case No.188 of 2008. B.Kr. ( Dharnidhar Jha, J. )