Case Facts:
Patna High Court Cr.Misc. No.18208 of 2012 (3) dt.05-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18208 of 2012 ====================================================== 1. Allauddin Mian S/O Madina Mian .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 3 05-07-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 04.12.2011 in a case registered under [STATUTE] on the charges that he committed rape on the informant. The contention on behalf of the petitioner is that the alleged occurrence is said to have taken place on 04.12.2011 and the informant was medically examined on 05.12.2011 but no sign of rape was found on her person and she was found aged about between 15 to 16 years. It is further contended by him that as a matter of fact, there is an old enmity between family members of the informant and petitioner which is evident from perusal of Annexure-3 to this petition and as a matter of fact, the informant in collusion with her family members lodged this false case against the petitioner with an intention to teach a lesson to him. Patna High Court Cr.Misc. No.18208 of 2012 (3) dt.05-07-2012 Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner 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 Chief Judicial Magistrate, Gopalganj in connection with Baikunthpur P.S. Case No. 202 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.