Case Facts:
Patna High Court Cr.Misc. No.44914 of 2011 (3) dt.10-04-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44914 of 2011 ====================================================== Chhotu Modi, son of Brahmdeo Modi, resident of Village- Khaira, Police Station- Khaira, District- Jamui. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 3 10-04-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is apprehending his arrest in connection with Khaira P.S. Case No. 136 of 2011 (G.R. No. 1129 of 2011) registered under [STATUTE] . There is specific allegation against the petitioner. Learned counsel for the petitioner submits that on relying on Annexure 4, a petition is said to have been filed by Rinku Devi, the informant that she has been married with fourth Dewar and has disown the allegation and her son is safe in his custody. In view of said petition filed by Rinku Devi, bail bond of the petitioner shall be accepted by the lower court by verifying the fact that the petition vide Annexure-4 is actually and factually filed by Rinku Devi with her own sweet will. Under the facts and circumstances of the case, the above named petitioner in the event of his arrest/surrender within a Patna High Court Cr.Misc. No.44914 of 2011 (3) dt.10-04-2012 period of four weeks from today, shall be released on bail on 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, Jamui, in connection with Khaira P.S. Case No. 136 of 2011 (G.R. No. 1129 of 2011) subject to condition as laid down under Section 438 (2) of Cr.P.C. However, if the lower court is not satisfy about authenticity of Annexure-4 that petition filed by the informant is genuine and executed by her then petitioner shall not be released on bail. m.p. (Gopal Prasad, 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.