Case Facts:
Patna High Court Cr.Misc. No.28347 of 2012 (2) dt.07-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28347 of 2012 ====================================================== Guddu Babu Singh .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 07.08.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 16.3.2012 in a case registered under [STATUTE] . The contention on behalf of the petitioner is that no sign of rape was found on the victim girls and moreover, according to the prosecution case itself, petitioner only asked the victim girls to remove their pantees in his presence. So, even if the aforesaid fact assumed to be true, then also, at best it is a case of [STATUTE] which is bailable in nature. It is further contended by him that, as a matter of fact, the petitioner was caught from his home and the police lodged Malsalami P.S. Case no. 31/2012 against the petitioner on the premises that petitioner had fled away from police custody. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, Guddu Babu Singh, 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 Addl. Chief Judicial Magistrate, Patnacity in Malsalami P.S. Case no. 30/2012. 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.