IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20911 of 2009 MUNNA CHAURASIYA Versus THE STATE OF BIHAR ----------- 09. 02.02.2010 Heard. The F.I.R. was lodged under Section 376 I.P.C. and Section 3(x) of S.C./S.T. (POA), Act. Informant Sima Kumari a major girl aged about 21 years alleged that she was an agricultural labourer and while she was alone in her house the petitioner used to come to her and cohabited with her on assurance that he will marry her. Further allegation is that as a result of cohabitation she became pregnant and that the affair continued for about a year and that thereafter when she asked for marriage the petitioner resiled and that he performed marriage with another girl. Learned counsel for the petitioner submits that the girl is major as under medical examination also her age was about 19 years. It is further submitted that it is a case of consented sex. It is also submitted that it will make a case at best under Section 420 of IPC. Further submission is that the 2 petitioner is in custody since 03.03.2009. Learned counsel for the informant assisted by the learned Addl.P.P. submits that after occurrence the petitioner had extended threats to the informant for withdrawing the case and that due to the threat a separate complaint case has been instituted by the informant. It is also submitted that the instant case is under trial at the stage of framing the charge. In the facts and circumstances, petitioner Munna Chaurasiya is admitted to bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Addl. Chief Judicial Magistrate, Bagha, West Champaran in connection with Semara P.S. Case No.5 of 2009. However, it is observed that the petitioner will cooperate in the trial and there will not be any kind of interference in the process of administration of justice. The informant will be at liberty to file any petition before the trial-court if any threat is extended to the informant or the witnesses. 3 In case the trial-court is believed it will be at its liberty to cancel the bail granted to the petitioner in that case. Mkr. (C.M. Prasad, J.)