Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44103 of 2012 ====================================================== Ganga Ram S/O Kameshwar Ram R/O Vill-Modiha, P.S.-Nokha, Distt- Rohtas. .... .... Petitioner Versus 1. The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Ravi Kumar, Advocate For the Opposite Party/s : Mr. Anuj Kumar Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 2. 12-12-2012. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is in custody in connection with Nokha P.S.Case No.95 of 2012 for the offence registered under [STATUTE] since 6.9.2012. As per the prosecution case lodged by the mother of the victim girl alleged to be of 12 years of age, the petitioner committed rape on her on 21.8.2012. Learned counsel for the petitioner submits that the allegation is palpably false and refers to the report of the medical examination done on the prosecutrix on the very next day to contend firstly that the girl was between 17 to 18 years old and secondly there was no sign of recent sexual Patna High Court Cr.Misc. No.44103 of 2012 (2) dt.12-12-2012 2 intercourse. Having regards to the facts and circumstances and submissions made out on behalf of the petitioner, let the petitioner Ganga Ram 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 the Chief Judicial Magistrate, Sasaram (Rohtas) in connection with Nokha P.S.Case No.95 of 2012. ahk/- (Chakradhari Sharan 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.