Case Facts:
Patna High Court Cr.Misc. No.29306 of 2012 (2) dt.08-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29306 of 2012 ====================================================== 1. Mithilesh Choudhary S/O Sri Niwas Choudhary Resident Of Village- Milki Police Station Dinara, District- Rohtas At Sasaram .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Binoy Kumar Sinha-I, Advocate For the Opposite Party/s : Mr. Iftekhar Mehmood, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2. 8.8.2012 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under [STATUTE] . The Petitioner was refused bail by an order dated 11.5.2010 since there was direct allegation against him of having committed rape upon the victim. Subsequently the co-accused was granted bail considering that no witness was examined despite notices to them. The prayer for bail has been renewed on the ground that the victim has been examined and she denied the factum of rape. Considering the same, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 5,000/-(Five thousand) with two sureties of the like Patna High Court Cr.Misc. No.29306 of 2012 (2) dt.08-08-2012 amount each or any other surety to be fixed by the court concerned to the satisfaction of learned Sessions Judge, Rohtas at Sasaram in connection with Sessions Trial No.199 of 2011 arising out of Dinara P.S. Case No.186 of 2009, subject to the conditions (i) That one of the bailor will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the Court about any change in address of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is he shall not be released on bail, (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, (iv) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, 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.