Case Facts:
Patna High Court Cr.Misc. No.560 of 2012 (2) dt.08-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.560 of 2012 ====================================================== 1. Md. Allauddin, son of Idrish Sami 2. Md. Shakil, son of Md. Abdul Shakur .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Md. Imteyaz Ahmad, Advocate For the Opposite Party/s : Mr. Harendra Prasad, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2. 8.2.2012 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under [STATUTE] and 3(i)(xi) SC & ST Act. The prayer for bail was refused on an earlier occasion by an order dated 22.9.2011 vide Cr.Misc.No.31407 of 2011. The same has been renewed on the ground that the prosecutrix and her mother have been examined during trial and none of them have supported the case of the prosecution. In view of such, let the petitioners above named, who have fair antecedents, be released on bail on furnishing bail bond of Rs. 5,000/-(Five thousand) each with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of learned Chief Judicial Magistrate, Madhubani in connection with Deodha P.S. Case Patna High Court Cr.Misc. No.560 of 2012 (2) dt.08-02-2012 No.18 of 2011, subject to the conditions (i) That one of the bailor will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners and the other bailor shall be the wife/mother/brother of the petitioners. The bailor will undertake to furnish information to the Court about any change in address of the petitioners. (ii) That the affidavit shall clearly state that the petitioners are not an accused in any other case and if they are they shall not be released on bail, (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, (iv) That the petitioners will be physically present on each date during trial and if they fail to do so on two consecutive dates without any reasonable cause, their bail shall stand automatically cancelled. Narendra/ ( Anjana Prakash, 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.