Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29891 of 2012 ====================================================== Ashutosh Dwivedi .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 24-08-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a complaint case in which cognizance has been taken under [STATUTE] . The accusation is of establishing forceful physical relationship. It is submitted by learned counsel for the petitioner that initially, the complaint was filed under [STATUTE] but the cognizance has been taken under [STATUTE] when 107 Cr. P.C. and 144 Cr. P.C proceedings were going on between the parties. It is further submitted that the petitioner’s side lodged Chautarwa P.S. Case No. 24 of 2011 against the complainant which was found true when complainant’s side lodged Chautarwa P.S. Case No. 25 of 2011 which was found false and thereafter the present case has been lodged when no medical examination of the victim was done. Patna High Court Cr.Misc. No.29891 of 2012 (2) dt.24-08-2012 2/2 Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-divisional Judicial Magistrate, Bagaha, West Champaran in connection with Complaint Case No. C-936 of 2011, subject to the conditions as laid down under Section 438(2) Cr.P.C. Amrendra/- (Dinesh Kumar Singh, 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.