IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.28319 of 2008 SAKIL MASTER Versus THE STATE OF BIHAR ----------- 3 22.09.208 Heard learned counsel for the petitioner and the State. The case is under Section 376, 493 and 313/34 of the Indian Penal Code. The informant alleged in the FIR that co-accused Md. Nayeem had promised to marry her and under this promise he had indulged in sexual intercourse with her and when she became pregnant, he refused to marry her saying that unless pregnancy is aborted he will not marry her and that Nayeem along with the petitioner took her to nursing home at Bagha and got the pregnancy terminated and that thereafter she (informant) asked for the marriage the accused declined to marry. Learned counsel for the petitioner submits that as per statement of the informant herself the sexual intercourse is a consented affair. It is also submitted that the petitioner is not said to be indulged in sexual intercourse and he said to have accompanied co- accused Nayeem in getting pregnancy terminated. Mr. S.R. Haque learned APP appearing on behalf of the State does not point out any other material against the petitioner. In the facts and circumstances of the case, the petitioner Sakil Master is directed to 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 Additional Chief Judicial Magistrate, - 2 - Bagaha, West Champaran in connection with Ramnagar P.S. Case No. 394 of 2007. Kundan (C. M. Prasad, J.)