IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30127 of 2009 SUNIL KUMAR,son of Sidheshwar Prasad,resident of village-Gulariya Bigha,P.S.-Silao,Dist.-Nalanda. Versus THE STATE OF BIHAR ----------- 02/ 29-10-2009 Heard learned counsel for the petitioner and the State. No doubt, petitioner is named in the FIR as one of the members of gang rape but submission of the learned counsel for the petitioner is that it is only the act of the police that petitioner was involved in the case. If there would have been some reality then it was a consented act and just after a day victim was examined under Section 164 Cr.P.C. exonerating all the persons from the liability of commission of rape. In the suggested facts and circumstances, 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 Parsa Bazar P.S.Case No.75/2009, 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, Patna, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )