Case Facts:
Patna High Court Cr.Misc. No.9589 of 2012 (2) dt.28-03-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9589 of 2012 ====================================================== Dilip Kumar Sah @ Dilip Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 28-03-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Section498A of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. The accusation is torture for non-fulfilment of dowry demands. The informant claims to have married with the petitioner in 2009. The petitioner has brought on record the FIR of Katihar Town P.S.Case No.385 of 2008 registered under [STATUTE] lodged by the present informant where she has described herself as wife of Ashok Gupta. It is submitted by learned counsel for the informant that she after divorcing Ashok Gupta married with the petitioner. There is nothing on record to suggest that the petitioner has divorced Ashok Gupta and the complaint reflects that she had earlier married with Ashok Gupta. Considering the aforesaid facts, let the above named Patna High Court Cr.Misc. No.9589 of 2012 (2) dt.28-03-2012 petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of 12 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 the learned Chief Judicial Magistrate, Katihar in connection with Case No.C.A.3545 of 2009, subject to the conditions as laid down under Section 438(2) Cr.P.C. Anil/- (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.