Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30152 of 2012 ====================================================== Shambhu Nath Pandey .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 24-08-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a complaint case in which cognizance has been taken for the offence punishable under [STATUTE] . It is alleged that the petitioner being the father-in-law established forceful physical relationship with the complainant when the husband of the complainant died. It is submitted by learned counsel for the petitioner lodged Chakai P.S. Case No. 37 of 2010 alleging abduction of the complainant by one Sachin Kumar Keshri. It is further submitted that since the complainant has married with Sachin Kumar Keshri, hence, at his behest the present complaint has been filed Patna High Court Cr.Misc. No.30152 of 2012 (2) dt.24-08-2012 2/2 with frivolous accusation when Sachin Kumar Keshri is the only witness in the complaint case. Considering the facts and circumstances of the case, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve 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 learned Judicial Magistrate, Ist Class, Jamui in connection with Complaint Case No. 1390C of 2011, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. DKS/ (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.