Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3336 of 2012 ====================================================== 1. Shankar Kumar, Son of Mani Prasad. 2. Bablu Singh, Son of Chandar Singh. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 5 13-07-2012 During course of the day, learned counsel for the petitioners is permitted to make necessary correction in paragraph – 1 and prayer portion of the petition about commitment of the case and on going trial. Supplementary affidavit has been filed. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary. Both the petitioners, who are languishing in custody, seek bail in a case registered under [STATUTE] , are named accused in this case of gang rape committed upon the informant and they are facing trial. Submission is of false implication under some confusion which is also evident from the statement of the victim recorded during trial since she has clearly denied the petitioners being the culprits. If it is so, having regard to the facts and circumstances of the case, the petitioners above named are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rs. Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District Judge, F.T. C. – 1st, Bhagalpur, in connection with Sessions Trial Patna High Court Cr.Misc. No.3336 of 2012 (5) dt.13-07-2012 2 / 2 2 No. 324/2012 arising out of Kotwali (Tatarpur) P.S. Case No. 529/2011, subject to condition to remain physically present before the court below on each and every date till disposal of the case and in case of failure on two consecutive dates, without giving any reasonable explanation, the privilege granted shall be deemed to be cancelled. Praveen-II/- (Akhilesh Chandra, 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.