IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8582 of 2010 RAM CHANDRA YADAV Versus STATE OF BIHAR ----------- 2 20.4.2010 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in connection with Pipra P.S. Case no. 160 of 2009 dated 5.10.2009 registered under section 376 of the Indian penal Code. According to the prosecution case petitioner is alleged to have committed sexual assault upon the informant/complainant Rita Devi, as a result of which she became pregnant and subsequently gave birth to a child. Learned counsel for the petitioner submits that though there is allegation of sexual assault against the petitioner in the first information report, but subsequently he solemnized his marriage with the victim girl and is living together as wife and husband. In support of the claim of marriage, he has furnished some documents as contained in Annexure-2, 2/1 and 3. It is also submitted that the matter has been compromised between the parties and compromise petition has been filed in the court below vide Annexure-5. Learned counsel for the State has opposed the prayer for anticipatory bail on the ground that there is direct allegation of commission of rape upon the informant by this petitioner and offence in question is not compoundable one. In view of serious nature of allegation, the prayer for anticipatory bail made on behalf of the petitioner is rejected. Petitioner must surrender in the court below within a period of four weeks from today and, if so advised, seek regular bail. If such a petition is filed, then the same may be - 2 - disposed of on its own merit without being prejudiced by the present order. However, while considering the prayer for bail made on behalf of the petitioner, the learned court below may try to secure the attendance of the informant in the court and after her examination, if the court below is satisfied about the valid marriage between the petitioner and the informant and about the possibilities of continuance of said marriage between them, in that case prayer for bail made on behalf of the petitioner may be considered favourably. Liberty is also given to the petitioner to produce the victim girl along with the child in the court on the date of surrender and on proper identification, the statement of the victim may be recorded by the court below and thereafter prayer for bail may be disposed of. (Birendra Prasad Verma, J) M.Rahman