Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38197 of 2011 Mahesh Yadav, S/O-Kailash Yadav Versus The State Of Bihar ---------------------------------- 03 03.01.2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody in a case registered under [STATUTE] and 3(XI), (XII) of S.C. S.T. Prevention of Atrocities Act. Although, there is specific allegation of rape against the petitioner but submission on behalf of the petitioner is that the medical report as well as Forensic Science Laboratory report do not support the allegation of rape. It is further submitted by learned counsel for the petitioner that, as a matter of fact, there was some land dispute between the petitioner and father of the informant as a result of which the father of the informant got instituted this false case through the informant. It would appear from perusal of the case diary that victim has supported her case in her further statement but the witnesses, namely Rekha Kumari and Madhuri Kumari have stated only to this extent that on the alleged date of occurrence the victim was forcibly captured by the petitioner and after that both the aforesaid witnesses ran towards their village and therefore, the aforesaid witnesses have not stated about the story of rape. Considering the aforesaid facts and circumstances as well as this aspect of the matter that the medical report as well as 2 Forensic Science Laboratory report do not support the allegation of rape, I direct the petitioner to 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 Additional Sessions Judge-I, Patna in connection with Special Case No. 61 of 2011 arising out of Shahpur P.S. Case No. 35 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.