Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44174 of 2011 ====================================================== 1. Sunil Kumar Yadav @ Chhote Yadav Late Ramchandra Yadav Bakua,Ps-Bheja,District-Madhubani .... Petitioner Versus 1. The State Of Bihar .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 6 26-07-2012 The learned counsel for the petitioner prays and is allowed to make necessary correction in the prayer portion of the bail petition. Heard the learned counsel for the petitioner and the State. This is a petition for grant of anticipatory bail for offence under [STATUTE] read with 3(i), (xi)(xii). It is alleged that the victim as a maid in the house of the one Saroj Kumar in which his father also resides there and it is alleged that Saroj Kumar used to rape and threatened her that if she will disclose to any one, she will be eliminated. It has, further, been alleged that this petitioner is cousin brother of Saroj Kumar also have sexual relationship. It has, further, been alleged that she became pregnant, then, Deochandra Yadav, father of Saroj Kumar was instrumental in terminating her from the house. It has also been contended that sexual relation continued for six months. It has, further, been contended that the doctor stated that there is no evidence of sexual intercourse. It has come that she is a married lady and the mother of two children. Hence, having regard to the facts and circumstances of the case, the petitioner, above named, in the event of his arrest or surrender, within four weeks from the date of receipt of this order, is directed to be released on anticipatory bail on furnishing bail bound of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Madhepur P.S. Case No. 281 of 2007 to the satisfaction of the Subdivisional Judicial Patna High Court Cr.Misc. No.44174 of 2011 (6) dt.26-07-2012 2/2 Magistrate, Jhanjharpur, Madhubani, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code 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.