K. H. N. KURANGA, CJ. ( 1 ) HEARD Shri H. S. Ahluwalia counsel for the applicant and Shri Ashish Shukla, pane, lawyer, for the State non-applicant. ( 2 ) THIS petition under Section 439 of the Code of Criminal Procedure has been filed by applicantjhagru Ram for grant of bail. He is the accused in crime No. 22 of 2002 registered in Pandari Police Station for the offences punishable under Sections 376 and 450 of the Indian Penal Code. ( 3 ) NAME of prosecutrix is Janki Bai aged about 25 years. The case of the prosecution is that she was doing the business of selling vegetables in the market. On 20/1/2002 the applicant went to her house to pay credit amount of Rs. 40/- and requested her to give a glass and tomato to take wine and she provided the same and thereafter she went to the kitchen the applicant followed her and forcibly committed rape on her. ( 4 ) LEARNED counsel appearing for the applicant submitted that the prosecutrix was examined before the trial court and she has turned hostile and not supported the case of the prosecution. She has admitted in her cross-examination that she sent her children to her daughter-in-law to the field and there after the incident took place. She further admitted that the applicant was sitting in her house for one hour even after the incident. Therefore, learned counsel submits that all this shows that the prosecutrix was a consenting party and she has not supported the case of the prosecution during the trial. ( 5 ) HAVING regard to the facts and circumstances of the case. I am of the opinion that it is a case to admit the applicant to bail. Accordingly, the petition is allowed and applicant-Jhagru Ram is directed to be released on bail on his executing a bond in the sum of Rs. 5,000/- (Rupees five thousand only) with two sureties for the like sum to the satisfaction of the trial court for his appearance before the said court. ( 6 ) PARTIES are entitled for certified copy of this order. Petition allowed. --- *** --- .