Case Facts:
Patna High Court Cr.Misc. No.37473 of 2012 (2) dt.08-10-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37473 of 2012 ====================================================== Gholtu Rai @ Gholtan Rai Son Of Banarsi Rai Resident Of Village - Mojaida, P.S. - Parbatta, District - Khagaria .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 2 08-10-2012 Heard learned counsel for the petitioner and the learned Additional Public Prosecutor for the State. The petitioner is accused in Kahalgaon P.S. Case No. 78 of 2012 registered under [STATUTE] . It has been submitted on behalf of petitioner that the petitioner and informant happens to be the neighbour villagers and the informant’s husband took Rs. 25, 000/- from the petitioner and to give undue pressure got managed to file this false case. It is further submitted that petitioner is in custody since 31.03.2012. It is also submitted that while the victim in her statement, recorded under Section 164 of the Code of Criminal Procedure, has said about bleeding from private part in the alleged incident of 29.03.2012, which would appear from Annexure-3 to this application but in medical examination, no injury was found on private part of the victim, Babita Kumari. Only sharp cut mark Patna High Court Cr.Misc. No.37473 of 2012 (2) dt.08-10-2012 below vagina about 6 c.m. was found by the doctor which would appear from Annexure-2 to this application, which is suffice to disbelieve the factum of the rape as alleged in the First Information Report. Having regard to the facts and circumstances of the case, the petitioner, is directed to be released on bail on his furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Adhoc Additional Sessions Judge-II, Bhagalpur in connection with Kahalgaon P.S. Case No. 78 of 2012. Safik/- (Rajendra Kumar Mishra, 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.