Case Facts:
Patna High Court Cr.Misc. No.32564 of 2011 (5) dt.07-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32564 of 2011 ====================================================== Shivji Mishra .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Sarvesh Kumar Singh, Advocate For the Opposite Party : Mr. M. Haque, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 05/ 07.02.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 23.11.2010 in a case registered under [STATUTE] . Earlier prayer for bail of the petitioner was rejected by this court on 18.4.2011 passed in Cr. Misc. no. 2967/2011 but submission on behalf of the petitioner is that up till now, trial of the petitioner has not commenced which is evident from perusal of the report of the learned Chief Judicial Magistrate, Saran at Chapra itself. Taking into consideration the period of detention of the petitioner in jail custody as well as present stage of trial of the petitioner, let the petitioner, Shivji Mishra, be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran at Chapra in Daudpur P.S. Case no. 89/2010. Shahid (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.