Case Facts:
Patna High Court Cr.Misc. No.23862 of 2012 (3) dt.13-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23862 of 2012 ====================================================== Rajeev Rai .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 13.08.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 31.1.2012 in a case registered under [STATUTE] . Although petitioner is named in the first information report and the informant claimed to have seen the petitioner kidnapping her 21/2 years old daughter but in course of investigation, except the informant none of the person claimed to have seen the petitioner committing the alleged crime. Learned counsel for the petitioner submits that in medical examination, no sign of rape has been found on the victim and, as a matter of fact, petitioner has been roped in this case on account of previous enmity because according to prosecution case some days prior to the alleged occurrence, exchange of hot words had taken place between family members of petitioner as well as informant. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, Rajeev Rai, be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur in Sakara P.S. Case no. 148/2011. Shahid (Hemant Kumar Srivastava,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.