IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16755 of 2011 MD. YUSUF Versus THE STATE OF BIHAR 3 01.07.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the state. The petitioner is languishing in jail custody since 22.11.2010 in Complaint Case No. 3270 of 2008 in which cognizance has been taken under section-376 of the Indian Penal Code. Although there is allegation of rape against the petitioner but submission on behalf of the petitioner is that the alleged occurrence took place on 02.03.2008 whereas the Complaint Case was filed on 04.12.2008 and the aforesaid delay clearly indicates this fact that the complainant was a consenting party. It is also pointed out by him that when the S.A. of the complainant was recorded, she was found major aged about 19 years. Taking into consideration the aforesaid facts and circumstances of the case as well as submission of the parties, let the petitioner, namely, Md. Yusuf be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Sessions Trial No. 1492 of 2010 arising out of Complaint Case No. 3270 of 2008 to the satisfaction of Additional Sessions Judge (F.T.C. No.-I), Purnea. AKV/- (Hemant Kumar Srivastava,J.)