Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5237 of 2012 Deepu Singh @ Deepu Kumar, S/o. Late Suresh Singh, Resident of Village – Puneshara, P. S. – Jai Rampur, District – Sheikhpura. ................. Petitioner. Versus The State of Bihar ................. Opp. Party. ---------------------------------- For the Petitioner :- Dr. Anjani Prasad Singh, Advocate. For the State :- Mr. Parmeshwar Mehta, A.P.P. 02/ 02.02.2012 Heard learned counsel for the petitioner and learned counsel for the State. This is a petition for grant of anticipatory bail for the offence under [STATUTE] and Section 3(1) (XI) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. It is alleged that the petitioner came in the Varamdah in night where the victim was sleeping and put his hand on her body then the informant woke up and cried then the petitioner asked her to keep quite and abused her by calling “Dushadhin”. When the mother of the victim woke up then the petitioner fled away. The occurrence took place in Varamdah in night and hence calling by caste name not in full public view, the offence under [STATUTE] is not made out as per allegations, hence, having regard to 2 the facts and circumstances of the case, as also the fact that as the only offence is made out under [STATUTE] , hence, the petitioner above named is directed to be released on anticipatory bail in the event of his arrest or surrender within a period of four weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sheikhpura in connection with Jai Rampur P. S. Case No. 37 of 2011, subject to the condition laid down under Section 438(2) Cr. P. C. as well as subject to the condition that the petitioner will co-operate with the police during investigation. Kundan (Gopal Prasad, 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.