Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28780 of 2012 ====================================================== Amirul .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 13-08-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] . The accusation is of establishing forceful physical relationship with the informant. It is submitted by learned counsel for the petitioner that for the occurrence of 17.06.2011 the complaint was filed on 25.06.2011 which came to be registered as police case on 20.09.2011. The medical report not only negates the accusation of sexual assault but even no resisting injury has been found when the age of the victim has been assessed in between 17 to 19 years. Hence, it is submitted that due to the political rivalry the accusation has been levelled. Patna High Court Cr.Misc. No.28780 of 2012 (2) dt.13-08-2012 2/2 Considering the delayed lodging of the case coupled with non-corroboration of accusation by the medical opinion, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj in connection with Pothia P.S. Case No. 112 of 2011, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. DKS/ (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.