Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 39486 of 2012 ====================================================== Suresh Mandal Son of Kisunu Mandal Resident of Village Ukrail, Police Station Sikti, District Araria. ... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. For the Opposite Party : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2. 01-11-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner is in custody in connection with Sikti P.S. Case No. 85 of 2012 registered for offence punishable under [STATUTE] . Learned counsel for the petitioner submits that he has been falsely implicated in the present case as would be clear from the petition filed by the informant in which it is stated that the allegation was made due to village politics and that he did not want to pursue the matter further. A copy of the same has been made Annexure-2 to the present application. Learned counsel on merits submits that even the medical report clearly mentions that no spermatozoa either dead or alive were present nor there was any sign of fresh sexual assault and injury on private parts. Learned counsel submits that the petitioner is a married man with three Patna High Court Cr.Misc. No.39486 of 2012 (2) dt.01-11-2012 2 / 2 2 children and thus there could not have been any question of false assurance to marry and from the plain reading of the F.I.R. it is clear that even if there was any relationship the same was consensual. The petitioner is in custody since 22.08.2012 and has no criminal antecedent. Learned A.P.P. for the State opposes the prayer for bail and submits that witnesses have supported the prosecution case and thus the petitioner does not deserve to be enlarged on bail. Upon hearing learned counsels for the parties and considering the facts and circumstances of the case, let the abovenamed petitioner be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria in connection with Sikti P.S. Case No. 85 of 2012 (G.R. No. 1401 of 2012). Anand Kr. (Ahsanuddin Amanullah, 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.