Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1537 of 2012 ====================================================== Zubair Ahmad S/O Md. Musafir Resident Of Village- Bauram, P.S.- Jamalpur, District- Darbhanga .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. ====================================================== Appearance : For the Petitioner : Mr. Ajay Kumar, Advocate For the State : Mr. Md. Haque, APP For the informant : Mr. Iqbal Asif Niazi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH) 02/ 30-01-2012 Heard learned counsels for the petitioner, the State and the informant. The petitioner is languishing in custody since 10.10.2011 in a case registered under [STATUTE] . The accusation is of abducting minor daughter of the informant. From 164 Cr.P.C. statement of the victim it appears that this petitioner forcibly took the victim with him and established forceful physical relationship and also performed marriage. The medical report suggests the age of the victim as 19 years. Neither any sign of establishing forceful physical relationship nor any Patna High Court Cr.Misc. No.1537 of 2012 (2) dt.30-01-2012 2/2 resisting injury has been found by the doctor. It merely supports the defence version that the victim had performed marriage with the petitioner and after return she gave 164 Cr.P.C. statement on the dictate of the family members. Considering the aforesaid facts, let the petitioner namely Zubair Ahmad, 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 learned Sub-divisional Judicial Magistrate, Biraul at Benipur, District - Darbhanga in connection with Jamalpur P.S. Case No. 54 of 2011. DKS/ (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.