Case Facts:
Patna High Court Cr.Misc. No.36449 of 2012 (2) dt.25-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36449 of 2012 ====================================================== Amit Gaurav @ Banti .... .... 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 2 25-09-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections342,323,313,376 and 504 of the I.P.C. The accusation against the petitioner is of giving assurances to the informant on the pretext of marriage and establishing physical relationship and subsequently, the pregnancy was also got terminated. It is submitted by the learned counsel for the petitioner that for the cause of action 2009 the instant cast was lodged on 12.9.2011 and when the wife of the petitioner filed a case making accusation under [STATUTE] . in which the petitioner was granted anticipatory bail then this informant utilized the delicacy of the situation lodged by lodging the case. Patna High Court Cr.Misc. No.36449 of 2012 (2) dt.25-09-2012 It is submitted by the learned counsel for the informant that the petitioner established physical relationship with the informant on the false pretext of marriage and subsequently the petitioner got the pregnancy of informant terminated. Considering the delayed lodging of the case, when as per the own averment of the informant the offences under [STATUTE] . is doubted. Hence, it is a case of regular bail, let the learned court below consider the regular bail of the petitioner, if he surrenders within a period of six weeks from the date of receipt/production of a copy of this order in connection with Jamui P.S. Case No.303/11 pending in the court of the learned C.J.M., Jamui. With this observation, the application is disposed off. Let the order be transmitted through fax to the learned court below at the cost of the petitioner. AnilKrSinha/- (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.