Case Facts:
Patna High Court Cr.Misc. No.12940 of 2012 (2) dt.29-03-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12940 of 2012 ====================================================== Pravin Kumar, S/o Late Jagarnath Baitha, resident of village- Khaterichak, P.S.- Mahua, District- Vaishali .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 29-03-2012 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner apprehends his arrest in connection with a case instituted for the offence punishable under [STATUTE] . It is submitted on behalf of the petitioner that the present case has been instituted with ulterior motive in order to blackmail the petitioner. The informant alleges that the petitioner established physical relationship with her on the pretext that she would be treated as wife. Subsequently, the informant was driven out by the petitioner. Referring to the F.I.R., learned counsel for the petitioner submits that even if the allegation is taken to be true the informant was a consenting party and the relationship continued admittedly for years together. The informant is a married lady. Be that as it may, considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the Court below within a period of four weeks from the date of receipt/communication of this order, be released on bail on Patna High Court Cr.Misc. No.12940 of 2012 (2) dt.29-03-2012 furnishing bail bonds of Rs.-10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahua P.S. Case No. 9 of 2012, subject to the condition as laid down under Section 438 (2) Cr.P.C. as also on the following conditions:- (i) That both the bailors will be close relative of the petitioner who will give separate affidavit giving genealogy as to how he is related with the petitioner. (ii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority. (iii) That he shall remain present before the court on the dates fixed for hearing of the case. If he wants to remain absent, then he will take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, he will immediately inform the court and request that he may be permitted to be present through the counsel. (iv) That liberty is given to the State to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioner violates any of the conditions imposed by this Court. P.K./- (Ashwani 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.