Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31031 of 2012 ====================================================== Baiju Beldar @ Baiju Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 30-08-2012 Petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] . It is alleged that the petitioner and one Pintu Belddar @ Chapta attempted to establish forceful physical relationship with the informant. It is submitted by learned counsel for the petitioner that neither medical examination of the victim was done nor the statement under Section 164 Cr.P.C. was recorded and there is no eye witness to the occurrence. A statement has been made in para 9 of the petition that petitioner has no criminal antecedent. It appears that co-accused Pintu Beldar @ Chapta has been granted bail by this Court vide Cr. Misc. No. 14111 of 2012. Patna High Court Cr.Misc. No.31031 of 2012 (2) dt.30-08-2012 2 / 2 2 This Court finds no reason for learned Court below not to give the same privilege to the petitioner, if the petitioner surrenders within a period of six weeks in connection with Tekari P.S. Case No. 260 of 2011, pending in the Court of learned Chief Judicial Magistrate, Gaya. With the observations above, the application stands disposed off. Let the order of this Court be transmitted through FAX to the learned Court below at the cost 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.