Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2408 of 2012 ====================================================== Md. Jahangir .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH) 2 27-01-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in connection with Barari (Semapur) P.S. Case No. 164 of 2011 registered under [STATUTE] pending in the court of learned Chief Judicial Magistrate, Katihar. The accusation is of committing gang rape. It is submitted by learned counsel for the petitioner that the victim subsequently has exonerated the petitioner by filing a petition before the learned court below as no medical examination of the victim was done. In view of this Court that can be a fit ground for consideration of the regular bail, let the learned court below Patna High Court Cr.Misc. No.2408 of 2012 (2) dt.27-01-2012 2 / 2 2 consider the same, if the petitioner surrenders within a period of six weeks. With the above observation, this application is, accordingly, disposed off. Let the order be transmitted to the learned court below through fax at the cost of the petitioner. Amrendra/- (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.