Case Facts:
Patna High Court Cr.Misc. No.17343 of 2012 (3) dt.05-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17343 of 2012 ====================================================== Raju Singh .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 05.07.2012 Learned counsel for the petitioner is permitted to make necessary correction in the prayer of the petition in course of the day. Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 15.11.2011 in a case registered under [STATUTE] . Although there is specific allegation of rape against the petitioner but learned counsel for the petitioner drew my attention towards annexure 2, which is photo stat copy of the statement of victim recorded under section 164 Cr.P.C, and submitted that victim is mentally retarded lady and she was not even able to speak at the time of recording her statement. It is further contended by him that victim was medically examined and the Medical Board also found her mentally retarded and moreover, Medical Board did not find any violence on external or internal part of the victim. It is contended by learned counsel for the petitioner that, as a matter of fact, the present case has been manufactured by the police with intention to implicate the petitioner in this case. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, Raju Singh, be released Patna High Court Cr.Misc. No.17343 of 2012 (3) dt.05-07-2012 on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge XI, Patna in Sessions trial no. 542/2012 arising out of GRP P.S. Case no. 449/2011. 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.