IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33491 of 2009 BARUN SINGH s/o Shishu Singh, resident of Kelabari, P. S.- Azamnagar, Distt. Katihar…. Petitioner. Versus STATE OF BIHAR ----------- 2. 07.10.2009. Heard counsel for the parties. Assuming that the offence under Section 376 I.P.C. will not be made out even if the entire allegations made in the complaint petition is believed in toto, this much can still be the case of the complainant that she was cheated by the petitioner. The age of the victim girl, complainant in the complaint petition is 15 years but learned magistrate recording statement under Section 164 Cr.P.C. has found her to be aged about 16 years. If the petitioner can come out with some sort of amicable settlement which would salvage the image of the complainant as also compensate the duress which she has undergone on account of the promise of marriage followed by physical relationship with the petitioner, this Court may accept the plea in defence of the petitioner for bail. Mr. Bhola Prasad, counsel appearing on behalf of petitioner submits that if the 2 petitioner is released on provisional bail for a period of two months there is every possibility of the petitioner coming out with some sort of amicable settlement. Accepting the aforementioned submission this Court would direct for release of the petitioner namely Barun Singh on provisionally bail for a period of two months on his furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of C. J. M. Katihar in connection with Azamnagar P. S. Case No. 5 of 2009 but one of the bailor of the petitioner must be either of his parents. Having been released on bail the petitioner would definitely not indulge into any act of threatening or pressuring the complainant/ her family members and at the same time would find out some sort of amicable settlement. The petitioner thereafter would surrender before the court below on expiry of the period of two months and place terms and conditions of the settlement and if the court below finds that 3 the terms of settlement is acceptable by both sides, it will confirm the provisional bail of the petitioner. However, if such settlement is not arrived at and the bail application is rejected, the petitioner will have liberty to approach this court for grant of bail. With the aforesaid observations and direction this application is disposed of. kanchan (Mihir Kumar Jha, J.)