Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31496 of 2012 ====================================================== 1. Anil Kumar Singh @ Anil Singh 2. Amod Kumar Singh @ Amod Singh 3. Paras Singh .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 24-09-2012 Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under [STATUTE] . The accusation is of attempting to establish forceful physical relationship. It is submitted by learned counsel for the petitioners that the informant is in habit of filing such cases when the accusation was found false and final form was submitted, but differing with the same cognizance has been taken on 21.05.2012. The impugned order suggests that the petitioners filed anticipatory bail application before the learned court below in 2004. Patna High Court Cr.Misc. No.31496 of 2012 (2) dt.24-09-2012 2/2 This Court is not inclined to interfere only because the learned court below passed the impugned order in 2004. Let the learned court below consider the regular bail of the petitioners keeping in view of the fact that the accusation was found false during investigation, if the petitioners surrender before the learned court below within a period of six weeks from today in connection with Jurawanpur P.S. Case No. 18 of 2004 pending in the court of learned Judicial Magistrate, Ist Class, Vaishali at Hajipur. With the aforesaid observation, this application is disposed of. Let the order be transmitted to the learned court below through fax at the cost of the petitioners. DKS/ (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.