Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12082 of 2012 ====================================================== 1. Dharmendra @ Kalendra Kumar S/O Sri Bharat Sharma Resident Of Village- Sohaypur, Police Station- Mufassil, District- Gaya .... .... Petitioner. Versus 1. The State Of Bihar .... .... Opposite Party. ====================================================== Appearance : For the Petitioner : Mr. Abhimanyu Sharma, Advocate. For the Opposite Party: Mr. R.B. Ray Raman, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA ORAL ORDER 2/ 21-03-2012 Heard learned Counsel for the petitioner and the State. The petitioner is sole named accused of the case which has been registered under [STATUTE] in which the informant has alleged that while she was sleeping inside her house with family members then the petitioner established physical relationship with her. Submission is that the relationship was with due consent and it is not possible to a stranger to enter into the house which is containing many persons and in that circumstance physical relationship will be established without consent. It has also been submitted that the victim was in love with the petitioner and both have been married. Attention has Patna High Court Cr.Misc. No.12082 of 2012 (2) dt.21-03-20 2/212 been drawn towards Annexure-3 which is a statement of the victim under Section 164 of the Code of Criminal Procedure wherein she has stated that no such occurrence as alleged has taken place and she was forced by the villagers to lodge a case. She further stated that she has married with the petitioner and has been well accepted by his family. Considering the facts and circumstances of the case, the above named petitioner is directed to be released on bail 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/court concerned, Gaya in connection with Mufassil (Gaya) P.S. Case No. 275 of 2011. KKSINHA/- (Shyam Kishore Sharma, 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.