Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44222 of 2011 Sarban Choudhry @ Sarwan Choudhry Versus The State Of Bihar ----------- 02/ 05.01.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 27.7.2010 in a case registered under [STATUTE] . According to the prosecution case itself, alleged occurrence took place on 21.7.2010 at 12 a.m. and immediately, victim girl was examined by the doctor on the same day at 10.45 p.m. but it is surprising enough that no sign of rape was found on the person of the victim. The contention of learned counsel for the petitioner is that, as a matter of fact, there is some land dispute between father-in-law of the petitioner and family members of the informant and that is the reason of false implication of the petitioner in the alleged crime. Taking into consideration the aforesaid facts and circumstances as well as period of detention of the petitioner in jail custody, let the petitioner, Sarban Choudhry @ Sarwan Choudhry, be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Fast Track Court No. II, Gaya in Sessions Trial no. 41/2011 arising out of Chandouti P.S. Case no. 182/2010. shahid (Hemant Kumar Srivastava,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.