Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31942 of 2012 ====================================================== Ajay Kumar Singh .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 06-11-2012 Petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] . It is alleged that in the night of 09.09.2010, Pawan Kumar Yadav and Gulo Sah assaulted the wife of the informant, attempted to establish forceful physical relationship and loaded them on a tractor when Mani Prasad Singh being owner of the vehicle came and assaulted the informant. It appears that petitioner was the I.O. for certain period of time of the aforesaid case when he found the accusation false against Mani Prasad Singh when DIG of Koshi Range gave oral direction to arrest Mani Prasad Singh but he did not arrest the said Mani Prasad Singh when he was divested from the power to investigate the case and on that basis he has been implicated in the present case. Considering the fact that petitioner has been Patna High Court Cr.Misc. No.31942 of 2012 (3) dt.06-11-2012 2 / 2 2 implicated on the basis of non-compliance of the oral direction of the D.I.G, let the petitioner namely Ajay Kumar Singh, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Sonbarsha Raj P.S. Case No. 78 of 2010. The bail bonds of the petitioner will be accepted on filing affidavit that he will cooperate in the investigation. Let the aforesaid affidavit be transmitted to the concerned I.O. by learned Court below. Non-cooperation in the investigation will give liberty to the prosecution to file appropriate application for cancellation of bail of the petitioner. Shageer/- (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.