Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34446 of 2011 ====================================================== 1. Ganesh Singh, son of Rangila Singh. 2. Arvind Singh alias Arvind Kumar Singh, son of Suresh Singh. Both are residents of Village- Basudeopursarai, P.S.-Sahebganj, District-Muzaffarpur. 3. Prabhunath Singh, son of Late Nagina Singh, resident of Village- Madhopur Hazari, Police-Station Sahebganj, District-Muzafarpur. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Dr. Alok Kumar ‘Alok’, Advocate with Mr. Manmohan Kumar, Advocate For the Opposite Party/s : Mr. J.K. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 4 16-02-2012 Heard the parties. The petitioners are in custody in connection with Sahebganj P.S. Case No.194 of 2010 (G.R. No.2030 of 2010) for the offences punishable under [STATUTE] . Learned counsel submits that the allegation of rape has been disbelieved upon investigation and charge-sheet has been submitted under [STATUTE] . He further submits that the postmortem report also does not confirm any signs of rape. Learned counsel submits that the evidence of the mother-in-law and others recorded in the case diary shows that the deceased had got into an altercation in relation to a land dispute, not only with the accused persons but also the mother-in-law and whereafter she left the house and that subsequently the father of the deceased found her in an unstable condition and when it was detected that she was poisoned. Learned counsel submits that the evidence of the witnesses as recorded in paragraphs 14 to 21 of the Patna High Court Cr.Misc. No.34446 of 2011 (4) dt.16-02-2012 2 case diary suggests that the deceased had left the house on her own and thus allegation against the petitioners of administering her poison is not correct. Considering the submissions of learned counsel and the materials on record, let the petitioners, namely, Ganesh Singh, Arvind Singh alias Arvind Kumar Singh and Prabhunath Singh be released on bail upon each of them furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate (West), Muzaffarpur in connection with Sahebganj P.S. Case No.194 of 2010 subject to the condition that the petitioners shall ensure their representation before the court below on each and every date fixed in the case and failure on the part of the petitioner(s) to ensure his/their representation on two consecutive dates fixed in the case without any reasonable explanation to the satisfaction of the court below, would entitle the court concerned to cancel the bail bonds of the defaulting petitioner(s) and to take him/them into custody. SKPathak/- (Jyoti Saran, 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.