Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3181 of 2012 ====================================================== Jainath Rai .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH) 2 01-02-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a complaint case in which cognizance has been taken under [STATUTE] . The accusation is of establishing forceful physical relationship. It appears that one Lalpati Devi executed two sale deeds with regard to 13.5 katthas of land in favour of the petitioner for which Title Suit no. 101 of 2000 was filed at the behest of the complainant in which injunction was also refused. Thereafter, the complainant filed Garkha P.S. Case no. 101 of 2001 levelling accusation of rape in which the petitioner and others were acquitted vide S.T. No. 453 of 2004. Thereafter, again, the complainant filed Chapra Town P.S. Case o. 239 of 2000 making same accusation under [STATUTE] in which Patna High Court Cr.Misc. No.3181 of 2012 (2) dt.01-02-2012 2 / 2 2 the police submitted final form. Then with allegation the present accusation has been brought as third attempt by filing complaint petition in which cognizance was taken for offence punishable under [STATUTE] . Such mechanical cognizance orders are being passed because the learned magistrates fail to exercise power under section 165 of the Evidence Act and to follow the principles laid down in Pepsi Foods Ltd. & another Vs. Special Judicial Magistrate & ors. reported in (1998) 5 Supreme Court Cases 749 (para 28). Considering the aforesaid facts, let the above named 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 Judicial Magistrate, Chapra in connection with Complaint Case No. 1849 of 2001 (U.T. No. 153 of 2011) 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.