Case Facts:
Patna High Court Cr.Misc. No.42283 of 2012 (2) dt.30-11-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42283 of 2012 ====================================================== Suresh Giri .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 30.11.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 13.7.2012 in a case registered under sections 3, 4, 5, 5A, 5B, 5C, 6, 7 of the Immoral Traffic (Prevention) Act and [STATUTE] . The contention on behalf of the petitioner is that [STATUTE] is not applicable against the petitioner and so far as provision of sections 3, 4, 5, 5A, 5B, 5C, 6, 7 of the Immoral Traffic (Prevention) Act are concerned, petitioner has sufficiently been punished by remaining in jail custody since long because under the above stated sections, sentence is up to only three years. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, Suresh Giri, 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, Barh District Patna in Bakhtiyarpur P.S. Case no. 186/2012. 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.