Case Facts:
Patna High Court Cr.Misc. No.38181 of 2012 (2) dt.16-10-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38181 of 2012 ====================================================== 1. Dilbari Mahto @ Dilbar Mahto S/O Kari Mahto @ Karo Mahto .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 2 16-10-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody in a case registered under [STATUTE] . It is stated that petitioner and co-accused, Rohit Mahto entered into the house of the informant and committed rape on her one by one. The contention on behalf of the petitioner is that the daughter of informant filed complaint case bearing Complaint case No. 552 of 2012 against her husband and other in-laws including the petitioner who happens to be Nandosi of daughter of the informant. It is further contended by him that informant is aged about 50 years and so far as petitioner is concerned, he is only 22 years of age and as a matter of fact, the informant lodged this false case on account of matrimonial dispute of her daughter. Patna High Court Cr.Misc. No.38181 of 2012 (2) dt.16-10-2012 Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saharsa in connection with Bakhtiyarpur (Kanaria O.P.) P.S. Case No. 123 of 2012. SHAHZAD/- (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.