Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.4112 of 2012 ====================================================== Mithilesh Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 16-03-2012 Heard learned counsels for the petitioner and the State. The petitioner is languishing in jail since 15.11.201 in a case registered for the offences punishable under [STATUTE] . The accusation is of kidnapping the minor sister of the informant on 14.08.2010. It is submitted by learned counsel for the petitioner that on 28.10.2010, the victim returned home of her own when she filed a petition before the Women Help Line, Saran, that she was being taken by the petitioner and kicked out on 29.10.2010 and refused to marry when the petitioner was noticed on 08.11.2010 thereafter the victim got her statement recorded in the present case on 03.12.2010 raising accusation of kidnapping and establishing forceful physical relationship. It is further submitted that the medical opinion of the victim girl does not suggest the accusation Patna High Court Cr.Misc. No.4112 of 2012 (3) dt.16-03-201 2/ 22 under [STATUTE] . Considering the inconsistencies in the conduct of the victim, let the above named petitioner, be released on bail, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Chapra in connection with Jalalpur P.S. Case No. 83 of 2010. Amrendra/- (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.