IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11801 of 2009 DEEWAKAR KUMAR @ SUJEET KUMAR Versus STATE OF BIHAR ----------- 3 23.4.2009 Heard learned counsel for the petitioner and the State. The submission of learned counsel for the petitioner is that though the victim girl has been alleged below 16 years but opinion of the doctor about her age is above 16 years. Some enmity was prevailing in between both the families that is clear from annexure-3 to this petition. Allurement of marriage followed by threat has been said to have sex with the victim girl. If that comes within the definition of rape a thorough debate is required. Sexual act was not for a day or two rather for a year. So I find it not a fit case in which petitioner’s arrest can be justified at the moment. In the facts and circumstances of the case, in the event of arrest or surrender within one month from today in Ramgarhwa P.S.Case No.119 of 2008, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sub-divisional Judicial Magistrate, Raxaul at Motihari, East Champaran, subject to the condition as laid down under section 438(2) Cr.P.C. (Mandhata Singh,J.) AI