IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38497 of 2008 Tripurari Tiwary @ Munna Tiwary, Son of Sri Bhola Tiwary, Resident of Jawaripur, PS Tilkamanjhi, District Bhagalpur, at present residing at Nayatola, Phulwari, PS Katihar, District Katihar ----- Petitioner Versus State Of Bihar ----- Opposite Party ----------- 2 22.7.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. This application has been filed against the order dated 8.5.2008, passed by the Additional District Judge, Fast Track Court No. 2, Bhagalpur in Sessions Trial No. 3 of 2008/T.R. No. 1 of 2008 [arising out of Kotwali (Tilkamanjhi) PS Case No. 524 of 2006]. Learned counsel for the petitioner submits that no offence is made out under Section 376 of the Indian Penal Code. In fact the victim lady agreed to live and had a physical relationship with the accused person and has now instituted a case alleging rape. The question as to whether this case would come under the purview of Section 376 or whether it would come under the purview of Section 420 of the Indian Penal Code, will be considered during trial of the case. This application is disposed of with the aforesaid observation. Sanjay ( Sheema Ali Khan, J.)