Case Facts:
Patna High Court Cr.Misc. No.16294 of 2012 (5) dt.10-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16294 of 2012 ====================================================== Abha Devi , wife of Late Dayanand Jha, resident of Village- Kabilpur, P.S. Bahadurpur, District- Darbhanga. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. ====================================================== with Criminal Miscellaneous No.16404 of 2012 ====================================================== Santosh Purvey, son of Sudhir Purbey, Resident of Mohalla- Saifullahganj, P.S. Lalit Narain Mithila University, District- Darbhanga (Bihar). .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 5 10-07-2012 Heard learned counsel for the petitioners and learned counsel for the State. Both the bail petitions have heard together and disposed of by common order as both the cases arises out of Laheriasarai P.S. Case No. 27 of 2012 registered under [STATUTE] . Abha Devi, the petitioner in Cr. Misc. No. 16294 of 2012 has not been named in the F.I.R. However, it is contended that she is a nurse in the clinic where a room was hired by one Sita Devi where it is alleged in the F.I.R. two persons namely, Santosh Gami and Santosh Purbey committed rape on the victim. Learned counsel for the petitioners submitted that Patna High Court Cr.Misc. No.16294 of 2012 (5) dt.10-07-2012 victim in her statement recorded under Section 164 Cr.P.C. has stated about only one Santosh Kumar without any distinction. It is further contended that one Santosh Gami has been granted bail by this Court in Cr. Misc. No. 18234 of 2012 on ground that there is no distinction which of the Santosh Kumar involved in rape. However both Santosh were in custody, but no T.I. Parade has been conducted to establish the identity of the person who raped the victim. Learned counsel for the petitioners further submitted that petitioner Abha Dei is only nurse where room was hired and had no concern with alleged rape. It is further submitted that the medical report mentions that hymen was intact and rape not substantiated. The medical examination was conducted on 22. 01. 2012 whereas alleged rape was committed in between 19-20th January, 2012. The petitioner Abha Devi is in jail custody since 18. 03. 2012 and Santosh Purbey is in custody since 21. 02. 2012. Having regard to the facts and circumstances of the case, the above named petitioners are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Darbhanga, in connection with Laheriasarai P.S. Case No. 27 of 2012, subject to condition Patna High Court Cr.Misc. No.16294 of 2012 (5) dt.10-07-2012 petitioners shall appear on each and every date fixed in this case and any absence of the petitioners shall be subject to satisfaction of the court below on reasonable ground. m.p. (Gopal Prasad, J)

Applicable IPC Section: 376

Statute Text:
Section 376 of the Indian Penal Code. Rape. Whoever, commits an offence punishable under sub-section (1) or sub-section (2) of section 376 and in the course of such commission inflicts an injury which causes the death of the woman or causes the woman to be in a persistent vegetative state, shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, or with death.