IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29729 of 2011 Manoj Kumar Paswan @ Manoj Paswan, son of Rajendra Paswan, resident of village – Ichalai Kalam Chowk, P.S. – Baisi (Dagarua), District – Purnea. --------- Petitioner. Versus The State Of Bihar --------- Opposite Party ****** 02/- 26.09.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner, apprehends his arrest in connection with Complaint Case bearing C.A. No. 544/2004 for the offences under Sections 147/376/392/352, is one of the named accused in this case with allegation of committing rape upon minor and disabled daughter of the complainant and subsequently getting her child, born out of such offence, killed. One complaint case no. 1409/2003 was filed but somehow or the other disposed of, again, the victim was raped. Submission is that there is no material to support the factum of rape etc. upon the victim. Further, parties have also compromised the case. Considering the facts and circumstances of the case, in the event of victim, complainant and her husband all the three appearing before the court below supporting the factum of compromise with their free- will and consent without any coercion and husband of the complainant also stood as one of the bailors, and in the event of his arrest or surrender within a period of four weeks, let the above-named petitioner be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Purnea, in connection with Complaint Case bearing C.A. No. 544/2004, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly till disposal of the case, in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. Rajeev/- ( Akhilesh Chandra, J.)