IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43422 of 2008 MD. ALAUDDIN @ ABUL Versus STATE OF BIHAR ----------- 2 28/11/2008 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel appearing on behalf of the informant/complainant. The petitioner is a named accused of a case which has been registered under sections 376/201 of the Indian Penal Code. Initially a complaint case has been filed on 16.2.2008 with regard to the occurrence dated 28.1.2008 in which the complainant has alleged that she was raped by the petitioner. Submission is that the alleged victim has been examined under section 161 of the Cr.P.C. and she in her statement categorically stated that she was having love affairs with the petitioner since long back and she had established physical relationship with the petitioner on the promise of marriage by the petitioner. Further submission is that the complainant/informant is a grown up lady. A petition has been filed before the S.P. in which prayer has been made that the victim may be medically examined because she is aged about 24-25 years. It was a consensual relationship. Learned counsel for the informant opposed the prayer for bail and it is submitted that the victim is minor. Considering the delay in lodging the FIR as well as the statement of the victim under section 161of the Cr.P.C. the petitioner Md.Alauddin @ Abul is directed to be released on bail on furnishing - 2 - of bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the C.J.M., Katihar in connection with Mansahi P.S. Case No. 18 of 2008. avin (Shyam Kishore Sharma, J.)