IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19044 of 2009 MOTILAL DAS, son of late Jitendra Nath Das, resident of Dumtola, P.S.- Barsoi, District-Katihar ----------------------Petitioner. Versus STATE OF BIHAR ----------- 2. 7.7.2009 Heard learned counsel for the petitioner and the State. In the case petitioner has been alleged to have sexual intercourse with the informant on promise to marry her which, in my view, can never be taken for petitioner’s arrest for the offence under section 376 of the Indian Penal Code. In the facts and circumstances of the case, petitioner’s prayer for anticipatory bail is allowed. In the event of arrest or surrender within one month from the date of receipt/production of a copy of this order the above named petitioner shall 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 the Chief Judicial Magistrate, Katihar, in connection with Barsoi P.S. case no.21 of 2009 , subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J )