Case Facts:
Patna High Court Cr.Misc. No.1046 of 2012 (2) dt.19-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1046 of 2012 ====================================================== Mutwa @ Muswa .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH) 2 19-01-2012 Heard learned counsels for the petitioner and the State. The petitioner is languishing in custody since 25.11.2011 in a case registered for the offence under [STATUTE] . On refusal to marry forceful physical relationship was established by the petitioner with the victim. It is submitted that date of occurrence is of 25.11.2007 when the complaint was lodged on 12.12.2007 and the victim was medically examined on 30.06.2009 when her age was assessed as 17-18 years and in the opinion of the doctor victim found used to sexual activities. Considering the delayed lodging of the F.I.R. which clouds the accusation, let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Katihar, District-Katihar in connection with Kadwa (Balia Belon) P.S. Case No. 215 of 2007. U. K. (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.