Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9760 of 2012 ====================================================== 1. Md. Ibran @ Md. Imran, Son of Md. Ghulam Maula. 2. Md. Akbar, Son of Late Md. Farooque. Both residents of village- Damodarpur, P.S. Kanti, District-Muzaffarpur.. .... .... Petitioners. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 29-03-2012 Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under [STATUTE] . It is alleged that on 06.11.2010 the petitioner no.1 Md. Ibran @ Md. Imran established forceful physical relationship on promise to have executed forged document for marriage. Thereafter on 23.01.2011 the victim was brought by Md. Ibran @ Md. Imran to Muzaffarpur where the petitioner no. 2 and three other persons outraged her modesty and subsequently the informant ran away from the alleged place. It is submitted that petitioner no.1 filed the Complaint Case No. 3677 of 2010 on 29.12.2010 against the informant when the present case was Patna High Court Cr.Misc. No.9760 of 2012 (2) dt.29-03-2012 2 / 2 2 lodged and for occurrence on 06.11.2010 F.I.R. was lodged on 02.04.2011 and subsequently the informant has retracted from her initial version and filed a petition to that effect before the learned court below. Considering the aforesaid facts, let the petitioners, above named, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Hathauri P.S. Case No. 44 of 2011 on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M. Muzaffarpur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. 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.