Case Facts:
Patna High Court Cr.Misc. No.28749 of 2012 (4) dt.10-10-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28749 of 2012 ====================================================== Hare Kishun Paswan S/O Late Saryoug Paswan R/O Vill. - Narhan, P.S. Bibhutipur, Distt. – Samastipur. .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 4 10-10-2012 Heard learned counsel for the petitioner and the learned Additional Public Prosecutor for the State. The petitioner is accused in Bibhutipur P.S. Case No. 89 of 2011 registered under [STATUTE] . Learned counsel for the petitioner submits that while it is alleged in the First Information Report about committing rape by the petitioner and other co-accused, Gopal Rai before four months with Gauri Kumari, daughter of the informant, Lila Devi but it would appear from medical report that victim, Gauri Kumari, had pregnant before seven months on the date of medical examination on 26.04.2011 after one day of the occurrence. It is further submitted that petitioner has been falsely implicated in this case due to grudge and enmity and the petitioner is in custody since 06.01.2012. It is also submitted that similarly situated co- Patna High Court Cr.Misc. No.28749 of 2012 (4) dt.10-10-2012 accused, Gopal Rai, has been allowed bail by this Court on 27.09.2012 vide Criminal Miscellaneous No. 27933 of 2012. Having regard to the facts and circumstances of the case, the petitioner, is directed to be released on bail on his furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Rosera at Samastipur in connection with Bibhutipur P.S. Case No. 89 of 2011. Safik/- (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.