IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21969 of 2010 BIJAY MANDAL, S/o Doman Mandal. R/o Village- Bastaul, P.S.-Pranpur, District- Katihar. ………..Petitioner. Versus STATE OF BIHAR ----------- 2. 14-07-2010 Petitioner is apprehending his arrest in a complaint case in which cognizance has been taken under section 376 of the Indian Penal Code. Without expressing any opinion on the merits of the case since the matter pertains to the year 2004, I am not inclined to interfere . However, it is submitted that from the averments made in the complaint, no case under section 376 IPC is made out as under the anticipation of getting married to the petitioner, the victim permitted physical relationship. Moreover no medical report has been brought on record. Considering the nature of allegation prima facie, it does not constitute an offence under section 376 of the Indian Penal Code. Let learned court below consider the regular bail application if possible dispose off on the same day. With the above observation, the application is rejected. Sujit (Dinesh Kumar Singh, J)