Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28899 of 2012 ====================================================== Rajiv Kumar @ Vicky Kumar Singh .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 14-08-2012 Heard learned senior counsel for the petitioner and the learned A.P.P. for the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] . It is alleged that the informant was married with the brother of this petitioner who died in January, 2009 and subsequently this petitioner on promise of marriage established forceful physical relationship with the informant when the informant got pregnant but her pregnancy was got terminated by this petitioner. It is submitted by learned senior counsel for the petitioner that there is no proof with regard to establishment of forceful physical relationship or termination of pregnancy and for occurrence of 10.10.2011, F.I.R. was lodged on 09.12.2011 for simple reason that after death of Patna High Court Cr.Misc. No.28899 of 2012 (2) dt.14-08-2012 2 / 2 2 brother of this petitioner, the informant was pressurising for marriage which was refused by this petitioner. Considering the nature of accusation in the background of relationship between the informant and the petitioner, let the petitioner, above named, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Chapra Muffasil P.S. Case No. 248 of 2011 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Saran at Chapra, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (Dinesh Kumar Singh, J)

Applicable IPC Section: 313

Statute Text:
Section 313 of the Indian Penal Code. Causing miscarriage without woman's consent. Whoever commits the offence defined in the last preceding section without the consent of the woman, whether the woman is quick with child or not, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.