IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4035 of 2009 BABU PRASAD MAHTO S/O-Late Aklu Mahto, R/O-Vill-Viduliya, P.S.-Khodawandpur, Distt.-Begusarai. …………………………………………..Petitioner. Versus STATE OF BIHAR ……………………………………..Opposite Party. ----------- 2/ 17.03.2009 Heard learned Counsel for the petitioner and learned Counsel appearing on behalf of the State. The petitioner is a named accused of this case which has been registered under Section 376 of the Indian Penal Code. The informant is a widow, mother of four children and landless. She in her written application has alleged that the petitioner entered inside the house and committed rape. Later on regular physical relationship has continued. Submission is that after investigation the case was not found to be under Section 376 of the Indian Penal Code and charge sheet has been submitted only under Section 497 of the Indian Penal Code. But the Chief Judicial Magistrate, Begusarai has taken cognizance under Section 376 of the Indian Penal Code. The petitioner is a man of 65 years. Considering the facts and circumstances of the case, let the above named petitioner be released from custody on furnishing bail bond of Rs. 10,000/- (ten - 2 - thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai in connection with Khodawandpur P.S. Case No. 92 of 2008. kksinha/ (Shyam Kishore Sharma, J.)