Case Facts:
Patna High Court Cr.Misc. No.17018 of 2012 (2) dt.14-05-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17018 of 2012 ====================================================== 1. Ramotar Yadav @ Ramotar Prasad, 2. Ajay Yadav alias Ajay Prasad alias Ajay Kumar 3. Tondar Yadav alias Raj Kumar Yadav alias Tondar alias Raj Kumar Prasad .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 14-05-2012 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences under Section 395/376(G) of the Indian Penal Code. The accusation is of committing dacoity in several houses including the house of the informant. It is specifically alleged that co accused Satyendra Yadav committed rape upon the daughter in law of the informant when others also established forceful physical relationship. It is submitted that accusation under [STATUTE] is not levelled against these petitioners when the petitioners are not named in the FIR and accusation under [STATUTE] is against co accused Satyendra Yadav and two three others. So far as accusation under [STATUTE] is concerned, it is submitted that the petitioners filed an informatory petition on 30.12.2010 with Patna High Court Cr.Misc. No.17018 of 2012 (2) dt.14-05-2012 regard to grazing of the field of the petitioners and in that background, the case has been lodged on 29.1.2011. The medical report does not suggest any external or internal injury or sign of rape on the person of the victim. Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Fatehpur P.S. Case No. 12 of 2011 subject to the conditions as laid down under Section 438(2) Cr.P.C. Anil/- (Dinesh Kumar Singh, J)

Applicable IPC Section: 395

Statute Text:
Section 395 of the Indian Penal Code. Dacoity. Whoever commits dacoity shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.