Case Facts:
Patna High Court Cr.Misc. No.38469 of 2011 (4) dt.31-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38469 of 2011 ====================================================== Dinesh Yadav, S/O-Sri Sobhan Yadav .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s For the petitioner :-Mr. Vinay Mistri For the State :- Dr. Rabindra Kumar (A.P.P.) CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER (Per: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA) 4 31-01-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 26.07.2011 in a case registered under [STATUTE] . Learned counsel for the petitioner submits that as a matter of fact, there was love affair between the petitioner and victim but after sometime when the relation of the petitioner became strained with the informant, the informant lodged this false case against the petitioner. It is also submitted by him that in course of medical examination, no injury has been found on the person of the informant and so far as the story of rape is concerned, the facts of the case reflect that the informant was a consenting party. Patna High Court Cr.Misc. No.38469 of 2011 (4) dt.31-01-2012 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 Fast Track Court-I, Ara in connection with Sessions Trial No. 301 of 2011 arising out of Barhara P.S. Case No. 155 of 2011. SHAHZAD/- (Hemant Kumar Srivastava, J.)

Applicable IPC Section: 375

Statute Text:
Section 375 of the Indian Penal Code. None. A man is said to commit "rape" if he— penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person; or manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person; or applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person, under the circumstances falling under any of the following seven descriptions: Against her will. Without her consent. With her consent, when her consent has been obtained by putting her or any person in whom she is interested, in fear of death or of hurt. With her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married. With her consent when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome Substance, she is unable to understand the nature and consequences of that to which she gives consent. With or without her consent, when she is under eighteen years of age. When she is unable to communicate consent. Explanations For the purposes of this section, "vagina" shall also include labia majora. Consent means an unequivocal voluntary agreement when the woman by words, gestures or any form of verbal or non-verbal communication, communicates willingness to participate in the specific sexual act; Provided that a woman who does not physically resist to the act of penetration shall not by the reason only of that fact, be regarded as consenting to the sexual activity. Exceptions A medical procedure or intervention shall not constitute rape. Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape.