IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11377 of 2009 SHYAM LAL SHARMA Versus STATE OF BIHAR ----------- 3 27.07.2009 Heard both sides. Sole petitioner seeks bail in a case instituted under Section 376 of the Penal Code. As per allegation in the F.I.R., she was allured by the petitioner to get himself married and thereby committed rape, as a result thereof, she carried pregnancy. Learned counsel for the petitioner submits that going by the F I.R. which was lodged after six months it would appear that she was a consenting party. It is further contended that he is in custody since 08.09.2008. Learned A.P.P. appearing on behalf of the State, on the contrary, opposed the prayer for bail and submitted that on medical examination, the girl was found a minor (aged about 15 years). It appears that the matter is now before the Sessions Court as the order refusing bail has been passed in Sessions Trial No. 1088/2008. Having considered the submissions made on behalf of the parties and going though the materials on record including the findings/ facts disclosed in the impugned order, this court, for the present, is not inclined to extend the privilege of bail to the petitioner. Prayer for bail is accordingly rejected. 2 However, considering the submissions that have been advanced on behalf of the petitioner, this court is persuaded to grant him liberty to renew prayer for bail after 08 months if in the meanwhile all the prosecution witnesses are not examined at the trial. Sym/ (Kishore K. Mandal, J.)