Case Facts:
Patna High Court Cr.Misc. No.13511 of 2012 (2) dt.16-04-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13511 of 2012 ====================================================== Ram Lal Paswan .... .... Petitioner/s Versus The State Of Bihar & Anr. .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 16-04-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a complaint case in which cognizance has been taken for the offences under [STATUTE] . It is alleged by the complainant that the petitioner being brother in law established forceful physical relationship with the complainant. During enquiry under section 202 Cr.P.C., the court entrusted enquiry to the police when the police reported that no such occurrence took place and due to land dispute, the accusation has been levelled but in spite of the said enquiry report, cognizance has been taken under [STATUTE] . It is well settled law that processes are suspended when the courts are not in a position to find prima facie case and once the processes are suspended and enquiry is entrusted, the court cannot ignore the enquiry report. Considering the same, let the above named petitioner Patna High Court Cr.Misc. No.13511 of 2012 (2) dt.16-04-2012 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, Samastipur in connection with Complaint Case No. 384 of 2008 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.