Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.11719 of 2012 ====================================================== Gautam Manjhi .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 09-04-2012 Heard learned counsels for the petitioner and the State. The petitioner being Headmaster of the school is apprehending arrest in a case registered under [STATUTE] and Section 3(1) (ix) & (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. It is alleged that the petitioner was Principal-cum- Director of Kasturba Balika Vidyalaya, Manjhagarh where the informant’s daughter was a student and was residing in the hostel when the petitioner, being a man of questionable character, established physical relationship with the daughter of the informant when she got pregnant and her pregnancy was terminated at the best of Dr. A. Haque Siddiqui. When the informant came to meet her daughter, she was not allowed and her daughter who subsequently died on 1.8.2011. A UD case was Patna High Court Cr.Misc. No.11719 of 2012 (2) dt.09-04-2012 2 / 3 2 registered by the father of the victim on 1.8.2011 which suggests that the present informant who is mother of the victim, was also present when the UD case was registered. Thereafter, on 5.8.2011 the doctor of Health Centre registered a case against Dr. A. Haque Siddiqui for not treating the victim properly. Thereafter the present complaint was lodged on 24.11.2011 which came to be registered as police case on 11.12.2011 when aforesaid accusation has been levelled. It is submitted on behalf of the petitioner that postmortem report reflects no external injury. The postmortem alone substantially negates the accusation levelled in the complaint. Considering the aforesaid facts and submissions coupled with the fact that UD case being lodged at the behest of the informant’s husband when the informant was a party to the same when no suspicion was raised against the petitioner, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of 12 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 the learned Chief Judicial Magistrate, Gopalganj in connection with Manjhagarh P.S. Case No. 212 of Patna High Court Cr.Misc. No.11719 of 2012 (2) dt.09-04-2012 3 / 3 3 2011 subject to the conditions as laid down under Section 438(2) Cr.P.C. Anil/- (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.