Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.4878 of 2012 ====================================================== Md. Parwez, Son of Late Maqubool, resident of Village-Makhna, P.S.- Jagdishpur, Distt.-Bhagalpur. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH) 2 01-02-2012 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner seeks bail in connection with a case instituted under [STATUTE] . It is contended that the petitioner has falsely been implicated in the present case. The informant has alleged that the occurrence took place on 13.5.2011 but the matter was reported to the police after six days on 19.5.2011. It is also contended that admittedly, the informant wanted her daughter to be married with the petitioner and on refusal to agree with the proposal of the marriage, the present case has been instituted. The petitioner is in custody since 20.5.2011. Considering the facts and circumstances of the case, the petitioner is directed to be released on bail on his executing a bond with two solvent sureties, each in a sum of Rs. 10,000/- (Ten Thousand only) to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in Patna High Court Cr.Misc. No.4878 of 2012 (2) dt.01-02-2012 2 / 2 2 connection with Jagdishpur P.S. Case No. 61 of 2011 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. Sanjeet/- (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.