Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36247 of 2012 ===================================================== Umesh Yadav, son of Ramji Yadav @ Ramji Rai, resident of village + P.O. Kanhaipur, P.S. Mokama, District- Patna. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. ===================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 2 08-10-2012 Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is accused in Mokama P.S. Case No.53 of 2012 registered under [STATUTE] besides Section 27 of the Arms Act. Learned counsel appearing on behalf of the petitioner made submission that while the petitioner is named in the F.I.R. alongwith three others with the allegation of entering in the house of the informant, Minta Devi, having guns in their hands, where the informant and others were sleeping and causing assault to the informant and her mother but there is no allegation of committing rape upon the victim-informant against the petitioner, rather the same is against the co-accused, Shyam Sundar Yadav. The petitioner is in custody since 28.5.2012. It is further submitted that the similarly situated co-accused, Sarwan Yadav, has been Patna High Court Cr.Misc. No.36247 of 2012 (2) dt.08-10-2012 2 / 2 2 granted anticipatory bail by a Bench of this Court vide order dated 31.7.2012 passed in Criminal Misc. No.26196 of 2012. Having regard to the facts and the circumstances of the case, the petitioner abovenamed, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Assistant Sessions Judge-V, Barh, Patna, in connection with Mokama P.S. Case No.53 of 2012, with a further condition that out of the two sureties, one sureties must be either one of the parents of the petitioner. P.S./- (Rajendra Kumar Mishra, 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.