Case Facts:
Patna High Court Cr.Misc. No.19160 of 2012 (4) dt.14-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19160 of 2012 ====================================================== Ahmad Mian .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 14.08.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 14.3.2012 in a case registered under [STATUTE] . Learned counsel for the petitioner submits that petitioner and the informant are next door neighbours and, as a matter of fact, informant has got lodged this false case on account of previous enmity. It is further contended by him that the petitioner is old man aged about 60 years and moreover, according to the prosecution case, alleged occurrence took place on 2.12.2011 whereas first information report was lodged on 10.12.2011 and no sign of rape was found on the person of the informant. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, Ahmad Mian, 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, Gopalganj in Jadopur P.S. Case no. 107/2011. 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.