Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8692 of 2012 ====================================================== 1. Pawan Kumar Pandey S/O Sri Omkar Pandey Resident Of Ghaghar, P.S- Wazirganj, District- Gaya, At Present Kanti Nagar, West Mohan Bigha, P.S- Dehri (Town), District- Rohtas At Sasaram. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 23-03-2012 Petitioner is languishing in custody since 30.8.2011 in a case registered for offences punishable under [STATUTE] . Accusation is that informant’s daughter was raped and killed. It is submitted by the learned counsel for the petitioner that F.I.R. was lodged against unknown. Petitioner has been arrested merely on suspicion. It is alleged that subsequently on the confession of the petitioner the dead body of the victim was recovered. It appears that F.I.R. was lodged after recovery of the dead body. But it cannot be said that subsequent confession of the Patna High Court Cr.Misc. No.8692 of 2012 (2) dt.23-03-2012 2 / 2 2 petitioner led to the recovery. The investigation is complete. Considering the aforesaid, 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 Ist Addl. Sessions Judge, Rohtas at Sasaram, in connection with S.T. no.522 of 2011 arising out of Dehri(Town) P.S. case no.437 of 2011. sudip/- (Dinesh Kumar Singh, 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.