IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.24496 OF 2009 SUMARIT PASWAN, SON OF LATE KAMLESHWARI PASWAN, RESIDENT OF VILLAGE RAJGHAT, PACHHIM TOLA, POLICE STATION RAGHUBANS NAGAR, DISTRICT PURNIA VERSUS STATE OF BIHAR --------- 3. 30.10.2009 Heard learned counsel for the petitioner and learned counsel for the State. The case is under sections 366A, 341, 376 and 323 of the Indian Penal Code. The allegation against petitioner is of having committed rape. However, from the first information report, it appears that the informant on her own volition had gone with petitioner to Delhi and stayed with him for a year or so, on the promise of marriage. The date of occurrence is 15.10.2006. Petitioner has annexed Annexure-2 to show that on 6th March, 2006 itself in the presence of several villagers he was married to the informant. Learned counsel for the petitioner submits that, in fact, the case has been instituted due to some dispute between husband and wife and it is not a case of rape at all. Petitioner is in custody since - 2 - 18.11.2008. Considering the above facts and circumstances, this application is allowed. Let petitioner (Sumarit Paswan) be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhepura in Bihariganj P.S. Case No.142 of 2008 with conditions as laid down in sub-section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. B.T (J.N. Singh, J.)