Case Facts:
Patna High Court Cr.Misc. No.21682 of 2012 (3) dt.19-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21682 of 2012 ====================================================== 1. Badri Sah S/O Md. Aamo Sah .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 3 19-09-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 03.02.2011 in a case registered under [STATUTE] . There is allegation against the petitioner that he along with other accused entered into the house of the informant and committed rape on her. The contention on behalf of the petitioner is that the medical evidence does not support the allegation of rape as no injury was found on the person of the victim nor any spermatozoa either dead or live was found in course of medical examination. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with Patna High Court Cr.Misc. No.21682 of 2012 (3) dt.19-09-2012 two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in connection with Forbesganj P.S. Case No. 318 of 2011. SHAHZAD/- (Hemant Kumar Srivastava, 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.