IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12468 of 2011 Sarbar Alam @ Md. Sarbar Alam, S/O-Md. Sakur Versus The State Of Bihar ----------- 03 18.07.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is languishing in jail custody since 20.05.2010 in a case registered under Section 376 of the Indian Penal Code. Although, there is specific allegation of rape against the petitioner but in course of investigation, it came to light that victim went in a room along with the petitioner and when the neighbourers raised alarm, the petitioner fled away from the aforesaid room and the victim was found weeping inside the room. It further appears that a Panchayati was also held between the parties and Panches decided and directed the petitioner to pay Rs. 10,000/- to the victim or enter into marriage with the victim but when petitioner offered Rs. 10,000/- to the mother of the victim, she refused and lodged the case. In medical examination, no sign of rape was found on the person of the victim and submission on behalf of the petitioner is that there was some sweet relationship between the petitioner and the victim and, as a matter of fact, the statements of witnesses reflect that she was a consenting party. Considering the aforesaid facts and circumstances as well as materials available on the case diary coupled with period of detention of the petitioner in jail custody, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with 2 two sureties of the like amount each to the satisfaction of Additional Sessions Judge, Fast Track Court-I, Purnea in connection with Sessions Trial No. 834 of 2010 arising out of Amour P.S. Case No. 17 of 2009. SHAHZAD ( Hemant Kumar Srivastava, J.)