IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12486 of 2009 1. MD.AFTAB ALAM, son of Md. Murshil 2. Md. Mustafa Ali, son of Aser Ali 3. Md. Akram @ Md. Ekram, son of Aser Ali 4. Md. Azad, son of Aser Ali All are residents of vill.-Majdia, P.S.-Kursela, Distt.-Katihar-------------------- -------------------------------------------------------------------------Petitioners. Versus STATE OF BIHAR ----------- 2. 23.4.2009 Learned counsel for the petitioners seeks permission to withdraw the petition as against petitioner no.3, namely, Md. Akram @ Md. Ekram. Permission is accorded. This petition is dismissed as withdrawn as against petitioner no.3. Heard learned counsel for the petitioners and the State. The submission of learned counsel for the petitioners is that for consented sexual relation with Md. Ento Alam a Panchyati was conducted while informant insisted to marry him and he refused. Actually, on assurance of marriage sexual intercourse was done by Md. Ento Alam but how the liability is shifted upon these petitioners for only holding a Panchyati. Learned A.P.P. failed to explain but in no case petitioners arrest can be justified. Accordingly, in the event of arrest or surrender within one month from today in Kursela P.S. case no.127 of 2008, the above named petitioner nos.1, 2 and 4 shall be released on bail on furnishing bail bond of Rs.10,000/-( Ten thousand) each with two sureties of the - 2 - like amount each to the satisfaction of the C.J.M., Katihar , subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J )