IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3349 of 2010 Naresh Sah, son of Late Aklu Sah, resident of Village Madarna, P.S. Vaishali, District-Vaishali……Petitioner. Versus The State of Bihar …………………………Opposite Party. ----------- 2. 17. 02. 2010. Heard learned lawyer for the petitioner and the State. The petitioner is in custody since 23. 06. 2009, in a case registered under Section 376 of the Indian Penal Code. Submission is that the petitioner is named accused and the allegation is that initially petitioner established physical relation with this complainant/informant, and he continuously committed rape upon her, later on she was pregnant. Submission is that complainant/informant was consenting party, therefore, the allegation under Section 376 I.P.C. is not made out. The petitioner is aged about 65 years. Considering the facts and circumstances of the case, the petitioner,namely, Naresh Sah is directed to 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 the Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Vaishali P.S. Case No. 214 of 2007. m.p. (Shyam Kishore Sharma, J.)