Case Facts:
Patna High Court Cr.Misc. No.41785 of 2011 (3) dt.23-03-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41785 of 2011 ====================================================== 1. Maya Sah S/O Late Hazari Sah Resident Of Village- Piparia, P.S.- Palanwa, District- East Champaran .... Petitioner Versus 1. The State Of Bihar .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Ansul, Adv. For the Opposite Party : Mr. Satyendra Narain Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 3 23-03-2012 Heard learned counsel for the petitioner and the State. This is a petition for grant of regular bail for offence under [STATUTE] . The learned counsel for the petitioner submits that the statement of the victim has not been recorded and the medical report is also not clear nor the age of the victim has been given and, further, submitted that a compromise petition has been filed. However, from the order of the lower Court, it appears that the compromise petition, filed, does not bear the signature or thumb impression of the victim. Hence, having regard to the facts and circumstances, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Palanwa P.S. Case No. 46 of 2011 to the satisfaction of the Chief Judicial Magistrate, East Champaran at Motihari, subject to the condition that the lower Court will examine that the victim has compromised the case or not. SA/- (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.