IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34632 of 2008 JAGAR NATH MAHTO, S/O YOGENDRA MAHTO, R/O VILLALGE- RAMNAGAR, P.S.-WARISNAGAR, DISTRICT- SAMASTIPUR Versus STATE OF BIHAR ----------- 2 17/11/2008 Heard learned counsel for the petitioner and learned counsel representing the State. The petitioner is sole named accused of a case which has been registered under section 376 of the Indian Penal Code. The informant is a widow and her age has been given as 40 years. She has alleged that she was having physical relationship with the petitioner and when she became pregnant then the petitioner denied marriage. The physical relationship was established 7-8 months earlier and it continued since then. Submission is that this is not a case of rape, at best, even if allegations are accepted then the case appears to be consensual sex between the two adult persons. The petitioner has been implicated on account of Annexure-2, at the behest of Basant Purbey. The petitioner is in custody since 14.12.2007. Considering the facts and circumstances of the case, the petitioner Jagar Nath Mahto is directed to be released on bail on furnishing of bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Ist Additional Sessions Judge, Samastipur in S.Tr. No. 175 of 2008 arising out of Warisnagar ( O.P. Mathurapur) P.S. Case No. 115 of 2007. avin (Shyam Kishore Sharma, J.)