Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 39526 of 2012 ====================================================== Bhikhari Sahni S/O Anarshi Sahniare Resident Of Village Bashaitha, P.S. Saraiyan, District Muzaffarpur. .... .... Petitioner/s Versus The State Of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2. 01-11-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner is in custody in connection with Saraiya P.S. Case No. 212 of 2012 registered for offence punishable under [STATUTE] . The allegation is that the petitioner tried to lift the saree of the informant and commit rape but because of the cry raised, while running away, was caught by the relatives of the informant. Learned counsel for the petitioner submits that the petitioner is a co-villager and the house is just across the road to that of the informant and due to local politics and enmity he has been falsely implicated. Learned counsel submits that even if the entire story in the F.I.R. is believed to be true then also it can at Patna High Court Cr.Misc. No.39526 of 2012 (2) dt.01-11-2012 2 best be a case under [STATUTE] which is bailable. It is submitted that the petitioner is in custody since 26.07.2012 and has no criminal antecedent. Learned A.P.P. for the State opposes the prayer for bail and submits that the petitioner making such an attempt does not deserve to be released on bail. Upon hearing learned counsels for the parties and considering the facts and circumstances of the case, let the abovenamed petitioner be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, West Muzaffarpur in connection with Saraiya P.S. Case No. 212 of 2012. Anjani/- (Ahsanuddin Amanullah, 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.