Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2491 of 2012 ====================================================== Sonu Kumar, Son of Naresh Prasad, Resident of Village-Lahrajpur, P.S.- Giriyak, District-Nalanda, at present residing at Mohalla-I.O.C. Road Sipara, P.S.-Beur, District-Patna. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. ====================================================== Appearance : For the Petitioner/s : Mr. Satish Chandra, Advocate. For the Opposite Party/s : Mr. Zainul Abedin, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA) 2 18-01-2012 Heard learned Counsel for the petitioner and the State. The petitioner is accused of the case registered under [STATUTE] . It appears that the informant developed physical relationship with the petitioner since year 2002. Subsequently, she claimed to be married with the petitioner but later on the petitioner performed another marriage with another girl and when the informant protested then she was assaulted by the petitioner and others. Submission is that the petitioner has never agreed Patna High Court Cr.Misc. No.2491 of 2012 (2) dt.18-01-2012 2 /2 to marry with the informant. The informant’s father Nagendra Singh has taken Rs. 1.80 lacs to give government job but the informant’s father has neither provided job nor returned the money and when the money was demanded then the case was lodged. The informant was a major lady and she has established physical relationship according to her own will. Considering the facts and circumstances of the case, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Ravi Ranjan, the learned Judicial Magistrate, Ist Class/his successor court, Patna in connection with Beur P.S. Case No. 74 of 2011. kksinha/- (Shyam Kishore Sharma, 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.