Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15355 of 2012 ====================================================== Dashrath Bind @ Dasharath Bind .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 27-04-2012 Petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] . During investigation the accusation was found only under Section 498A, but differing with the same learned Chief Judicial Magistrate took cognizance under [STATUTE] . also. It appears from the impugned order that petitioner was on police bail during investigation. I see no reason for learned Court below not to give the privilege of regular bail to the petitioner, keeping in view of the ratio laid down in the case of Mahendra Prasad Singh versus The State of Bihar reported in 2004(3) PLJR 491, provided that petitioners has not misused the privilege of bail. With the observations made above, the application stands disposed off in connection with Bhabua P.S. Case No. Patna High Court Cr.Misc. No.15355 of 2012 (2) dt.27-04-2012 2 / 2 2 400 of 2011, pending in the Court of learned Chief Judicial Magistrate, Kaimur at Bhabua. Let the order of this Court be transmitted through FAX to the learned Court below at the cost of the petitioner. Shageer/- (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.