Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25596 of 2012 ====================================================== Nasib Baitha @ Nasim Baitha .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 26-07-2012 Petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] . Accusation is of establishing forceful physical relationship with the informant on 23.02.2012. It is submitted by learned counsel for the petitioner that the victim was examined on 26.03.2012 when no external injury was found and the age of the informant was assessed between 17 to 19 years. It is further submitted that informant’s family is habitual in lodging similar kind of cases against other villagers as father of the informant also lodged a false case being Semara P.S. Case No. 30 of 2006 alleging similar accusation against another co-villager. Considering the fact that medical opinion does not corroborate the accusation and the fact that petitioner has no Patna High Court Cr.Misc. No.25596 of 2012 (2) dt.26-07-2012 2 / 2 2 criminal antecedent, let the petitioner namely Nasib Baitha @ Nasim Baitha, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bagaha, West Champaran in connection with Bagaha(Semara) P.S. Case No. 1 of 2012. Shageer/- (Dinesh Kumar Singh, 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.