Case Facts:
Patna High Court Cr.Misc. No.11459 of 2012 (4) dt.08-05-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.11459 of 2012 ====================================================== 1. Bisho Sada S/O Jhingur Sada .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 4 08-05-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 13.06.2011 in a case registered under [STATUTE] on the allegation that he took the victim and committed rape in presence of his wife and other relatives. Learned counsel for the petitioner submits that according to prosecution case, the alleged occurrence took place on 10.05.2011 and the informant came to her home on 17.05.2011 but between the aforesaid period, the parents of the informant did not lodge any case and furthermore, the informant lodged the present case on 29.05.2011. It is further submitted by him that no sign of rape has been found on the person of the informant and as a matter of fact, the petitioner has been implicated in this case on account of village politics. Patna High Court Cr.Misc. No.11459 of 2012 (4) dt.08-05-2012 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 two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kishanganj in connection with Kochadhaman P.S. Case No. 75 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.