Case Facts:
Patna High Court Cr.Misc. No.7099 of 2012 (2) dt.15-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.7099 of 2012 ====================================================== Bhushan Kumar S/o Vasant Sah .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Birendra Kumar, Adv. For the Opposite Party : Mr. Jitendra Kr. Singh No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 2. 15.02.2012 1. The petitioner apprehends his arrest in Shastri Nagar P.S. Case No. 222 of 2011 for the offence alleged under [STATUTE] pending in the Court of learned Chief Judicial Magistrate, Patna. 2. According to the First Information Report the informant Chunchun Choudhary rescued his eight- year-old daughter, Komal Kumari, from the clutches of Bhushan Kumar, son of neighbor and landlord, who attempted to commit rape upon the young girl. 3. Learned counsel for the petitioner submits that he has falsely been implicated in the case by reason of village politics. 4. An anticipatory bail petition no. 3566/2011 was filed before the learned Sessions Judge, Patna, which also did not find favour and the same stood rejected. 5. Considering the serious nature of offence Patna High Court Cr.Misc. No.7099 of 2012 (2) dt.15-02-2012 and the fact that the petitioner is said to have been caught in the act, I do not find any reason to interfere in the present matter and I am not inclined to grant anticipatory bail to the petitioner. 6. The petition accordingly stands dismissed. Fahad. ( Vikash Jain, 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.