Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17334 of 2012 ====================================================== Md. Asfaque S/O Lal Mahammad, R/O Vill- Niyampur, P.S- Sadar(Dagarwa) Distt- Purnea. .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL ORDER 3 06-06-2012 Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in connection with a case registered for the offence under [STATUTE] and is solitary accused named in the First Information Report. It is submitted on his behalf that from the tenor of the First Information Report, it appears that the victim girl was consenting party. Aforesaid submission prima facie appears to be incorrect, as petitioner participated in the local arbitration, which was conducted after the allegation of rape was raised against him by the victim girl. In view of such fact, I am not inclined to admit the petitioner to the privilege of bail in the event of arrest. This petition is, accordingly, rejected with direction to the petitioner to surrender in the court of Chief Judicial Patna High Court Cr.Misc. No.17334 of 2012 (3) dt.06-06-2012 2 / 2 2 Magistrate, Purnea in connection with Sadar Dagaruwa P.S. Case No. 15 of 2010 within four weeks from the date of receipt of a copy of this order in the court below and apply for regular bail, which should be considered in the light of the submissions noted above without being prejudiced by the fact that this Court has not admitted the petitioner to the privilege of bail in the event of arrest. Arjun/- (V.N. Sinha, 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.