IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17926 of 2009 MD.QUDDUS,son of Md. Israil, resident of village-Bara Tola Pipra, P.S.-Jokihat, District-Arari. Versus 1. THE STATE OF BIHAR 2. Bibi Rubesan,daughter of Sk.Zakir, resident of village-Bara Tola Pipra, P.S.-Jokihar,District-Araria. ----------- 02/ 03-07-2009 Heard learned counsel for the petitioner and the State. I agree with the submission of the learned counsel for the petitioner that sexual relation with consent on pretext to marry never constitutes any offence under Section 376 or 493 of the Penal Code justifying arrest as alleged in the incident. Accordingly, this petition for anticipatory bail is allowed. In case of arrest or surrender within one month from the date of receipt/production of a copy of this order in Jokihat P.S.Case No.20/2005, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )