Case Facts:
Patna High Court Cr.Misc. No.40065 of 2012 (3) dt.26-11-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40065 of 2012 ================================================ Raushan Kumar, son of Sanjay Singh .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ================================================= CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 3 26-11-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application has been filed for the grant of regular bail to the petitioner who has been made an accused in a case registered for the offences punishable under [STATUTE] and Section 3(i)(xii) of SC/ST Prevention of Atrocities Act. The petitioner is one of the named accused in this case of gang rape. Submission is of false implication and even the victims in their statement under section 164 of the Code of Criminal Procedure has taken U-turn and stated about whatever done was with her consent and also not constituting sexual relationship, illegal in strict sense, and one of the co- accused Santosh Kumar has already been released on bail by a Bench of this court vide order dated 07.11.2012 passed in Cr. Misc. No. 40016/2012. Moreover, petitioner does not carry any criminal antecedent. If, it is so, let the above named petitioner be Patna High Court Cr.Misc. No.40065 of 2012 (3) dt.26-11-2012 enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Silao P.S. Case No. 106/2012, with a condition to remain physically present before the court below on each and every date till disposal of the case, in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Rajeev/- (Akhilesh Chandra, 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.