Case Facts:
Patna High Court Cr.Misc. No.37717 of 2012 (6) dt.12-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37717 of 2012 ====================================================== 1. Pramod Singh S/O Late Ramshwarup Singh .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 6 12-12-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State assisted by learned counsel for the informant. Petitioner is in jail custody since 01.06.2012 in a case registered under [STATUTE] . Allegedly, petitioner committed rape on the informant. The contention on behalf of the petitioner is that according to prosecution case itself, the alleged occurrence took place on 05.05.2012 whereas the first information report was lodged on 10.05.2012 i.e. after five days of the alleged occurrence. It is further contended by him that petitioner is agnate of the informant and as a matter of fact no such occurrence, as alleged in the first information report, did ever take place and this false case Patna High Court Cr.Misc. No.37717 of 2012 (6) dt.12-12-2012 has been brought on account of previous enmity. It is further contended by him that no doubt, informant has tried to give explanation of delay in lodging the first information report by saying that when her husband came to home, she along with her husband went to police station and lodged the first information report but in course of investigation, it came to light that several other family members of the informant including her brother in law were present in the house at the time of the alleged occurrence. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saharsa in connection with Salkhua P.S. Case No. 105 of 2012. SHAHZAD/- (Hemant Kumar Srivastava, J)

Applicable IPC Section: 379

Statute Text:
Section 379 of the Indian Penal Code. Theft. Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.