Case Facts:
Patna High Court Cr.Misc. No.42478 of 2011 (3) dt.02-04-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42478 of 2011 ====================================================== Md. Jahangir, son of Sri Matiur Rahman, resident of Village- Gopi Patti, P.S. Bahadurpur (Pataur O.P.) District- Darbhanga. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 3 02-04-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is apprehending his arrest in connection with Bahadurpur (Pataur) P.S. Case No. 12 of 2011 registered under [STATUTE] . It is alleged that complainant is a widow and in the month of January, 2010, in the evening the accused came to the house of complainant and forcibly committed rape and on protest he assured to marry her then the petitioner has committed sexual intercourse continuously by which the victim became pregnant. However, the case has been lodged in December, 2010 after giving a birth to a child. Learned counsel for the petitioner submits that complainant is a consenting party for having sexual intercourse. Under the facts and circumstances of the case, the above named petitioner in the event of his arrest/surrender within a period of four weeks from today shall be released on bail on Patna High Court Cr.Misc. No.42478 of 2011 (3) dt.02-04-2012 furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Juedicial Magistrate, Darbhanga at Laheriasarai, in connection with Bahadurpur(Pataur) P.S.Case No. 12 of 2011, subject to condition as laid down under Section 438 (2) of Cr.P.C. m.p. (Gopal Prasad, 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.