IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40158 of 2009 NAGENDRA SAH SON OF BIHARI SAO RESIDENT OF VILLAGE BIDURI(BARDIHA),P.S.ADHAURA,DISTT.KAIMUR Versus STATE OF BIHAR For the petitioner : Mr.Din Bandhu Singh For the State : Mr.Addl.P.P. ----------- 3/ 13.1.2010 Heard learned counsel for the parties. The prayer for bail of the petitioner was rejected earlier vide annexure-1 on 4.3.2009. Learned counsel for the petitioner has produced a certified copy of order dated 18.11.2009 to show that the cognizance has not been taken under Section 376 of the Indian Penal Code, rather it been taken under Section 366(A) of the Indian Penal Code only and the petitioner is in jail custody since 22.9.2008. The victim in her statement under Section 161 of the Code of Criminal Procedure has stated that she was having affinity with the petitioner, so the relationship was with consent. Considering the facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/-(ten 2 thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua in Adhaura P.S.Case No. 03 of 2008. Tahir/- ( Shyam Kishore Sharma, J.)