IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33073 of 2011 Md. Quasim, Son of Md. Suleman, resident of Village Bansar, P.S. K. Nagar (Srinagar O.P.), District Purnia. -------Petitioner Versus The State Of Bihar -----Opposite Party ---------------- 02/- 20/10/2011 Heard Mr. Rakesh Kumar learned counsel for the petitioner and Mr. Damodar Prasad Tiwary learned Additional Public Prosecutor for the State. The petitioner apprehending his arrest in connection with a case registered for the offence punishable under Section 376 of the Indian Penal Code, is named accused in this case with allegation of committing rape upon the informant. Submission is that not only the case was instituted under wrong pretext, but compromise has also been arrived at and accordingly, petition in this regard has also been filed. If it is so and the informant and her father both by appearing before the court below supports the factum of compromise with their free will and consent without any coercion and the father of the informant (victim) also stood as one of the bailors, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail-bond 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 K.Nagar P.S. Case No. 17 of 2011, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before the court below till disposal of the case, in case of failure on two consecutive dates, without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)