IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40290 of 2008 DHARMENDRA KUMAR MANDAL …. PETITIONER Versus THE STATE OF BIHAR …. OPP. PARTY For the petitioner : - Sri Mukesh Kumar Rana, Advocate For the O.P. : - Sri D. Mehta, APP ----------- 2. 21.10.2008 Heard Sri Mukesh Kumar Rana, Advocate for the petitioner and Sri D. Mehta, Additional Public Prosecutor for the State. The allegation is that the petitioner committed sexual intercourse with the lady, when she had gone out to bring some fuel from a particular place and that finding under a promise that the petitioner shall marry her, for which the lady complains of being duped. Now the petitioner refused marrying her. The contention is that it could not be a case under Section 376 IPC nor it could be a case under Section 493 IPC as the lady could know very well that the act in which she was consenting regularly to the petitioner may be snapped up one day. Let petitioner Dharmendra Kumar Mandal be released from custody on furnishing a bond of Rs.3,000/- (three thousand) with two sureties of the like - 2 - amount each to the satisfaction of Chief Judicial Magistrate, Araria in connection with Jogbani P.S. Case No. 14 of 2008. DKS/ (Dharnidhar Jha, J)