Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13943 of 2012 ====================================================== Sandip Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 20-04-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] . The accusation is of performing marriage and establishing forceful physical relationship. It is submitted by learned senior counsel for the petitioner that in 164 Cr.P.C. statement the victim has stated that her marriage was performed at different place when she went in the company of this petitioner and one Sunil, when the marriage is denied and the victim in her 164 Cr.P.C. statement recorded her age as 16 years when the court assessed her age as 18 years and the medical opinion suggests victim age as 18 years Patna High Court Cr.Misc. No.13943 of 2012 (2) dt.20-04-2012 2/2 when the medical opinion does not suggest any injury or sign of rape. Considering the inconsistencies in 164 Cr.P.C. statement of the victim girl, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger in connection with Munger Kotwali P.S. Case No. 147 of 2011, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. 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.