Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14012 of 2012 ====================================================== 1. Santosh Kumar S/O Sri Ram Agar Singh Resident Of Village- Bharathi, P.S.- Runisaidpur, District- Sitamarhi .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 3 21-05-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner seeks bail in Runnisaidpur P.S. case no.221 of 2006 registered under [STATUTE] . Learned counsel for the petitioner submits that petitioner is a co-villager of the informant and he has been falsely implicated in this case. It is further submitted that while the occurrence is said to have taken place in the night of 2.10.2006 but the F.I.R. was lodged on 10.10.2006 i.e. after seven days. Moreover, from the F.I.R. itself it is clear that there is specific allegation against Sushil of committing rape. Learned A.P.P. while opposing the prayer for bail has Patna High Court Cr.Misc. No.14012 of 2012 (3) dt.21-05-2012 2 / 2 2 stated that there is specific allegation only against co-accused Sushil to commit rape at informant Rinku Kumari. In the aforesaid facts and circumstances of the case, let petitioner named above 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 the Addl. Sessions Judge, FTC- III, Sitamarhi, in connection with Sessions Trial no.13 of 2012 arising out of Runnisaidpur P.S. case no.221 of 2006. sudip/- (Rajendra Kumar Mishra, 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.