IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11684 of 2009 RAM LOCHAN SAH, son of Mishri Lal Sah, resident of Mohalla- Laheriya Ganja, ward no.2, P.S.-Madhubani Town, District- Madhubani-----------------------------------------------------Petitioner. Versus STATE OF BIHAR ----------- 2. 18.4.2009 Heard learned counsel for the petitioner and the State. The submission of learned counsel for the petitioner is that the allegation in itself never constitutes any offence for sections 420 and 376 of the Indian Penal Code which are non-bailable only if that is not followed by other material as complainant was mother of two children and petitioner was also married having two children. No assurance of marriage could be given or can be given and for that divorce by the both is a condition precedent. Moreover, other material is that a case was lodged and pending even filed by the mother of the petitioner against the complainant and her husband showing enmity in between the both. In the facts and circumstances, in the event of arrest or surrender within one month from today in L.N.M.U. Darbhanga P.S. case no.82 of 2008, the above named petitioner shall 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, Darbhanga , subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J )