Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.7624 of 2012 ====================================================== Bambam Kumar Rai .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 13-03-2012 Heard learned counsels for the petitioner and the State. The petitioner is languishing in custody since 09.12.2011 in a case registered under [STATUTE] . It is alleged that the petitioner and his brother took the minor daughter of the informant on pretext of illness of the father of the victim and thereafter established forceful physical relationship on the point of knife. In 164 Cr.P.C. statement, the victim girl supported the accusation but has admitted that she of her own returned on 12.09.2011 thereafter on 13.09.2011, the FIR was lodged. The medical report negates the accusation levelled against the petitioner since no injury has been found on the person of the Patna High Court Cr.Misc. No.7624 of 2012 (2) dt.13-03-2012 2 / 2 2 victim nor any sign of rape has been detected. Considering the inconsistencies in the statement of victim and the medical report which not only negates the accusation but also suggests the age of the victim as 18 years, let the above named petitioner be released on bail, on furnishing the bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Shambhuganj P.S. Case No. 110 of 2011. 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.