Case Facts:
Patna High Court Cr.Misc. No.21875 of 2012 (2) dt.27-06-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21875 of 2012 ====================================================== Phoolo Rai Son of Shibu Rai .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Choudhary Shyam Nandan, Advocate For the Opposite Party/s : Mr. J.K. Singh, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2. 27.6.2012 Heard learned counsel for the petitioner and the State. The petitioner seeks anticipatory bail in C.R. No.543 of 2009 arising out of Samastipur Town SC/ST P.S. case No.9 of 2006 instituted for the offence under [STATUTE] and 3(X) of the SC/ST Act. The petitioner was granted anticipatory bail by an order dated 19.1.2012 vide Cr.Misc.No.43383 of 2011 but on condition that an affidavit would be filed on his behalf that he had no criminal antecedents. Since there was one other case pending against the petitioner, such an affidavit could not be filed and, therefore, he was not granted anticipatory bail. He has preferred second application for anticipatory bail. Patna High Court Cr.Misc. No.21875 of 2012 (2) dt.27-06-2012 Since second application for anticipatory bail is not maintainable, I am not inclined to entertain the same. The application is disposed off with a direction to the petitioner to appear before the court below and pray for regular bail. The Court below shall consider the fact that the petitioner has been granted anticipatory bail on merits by this Court and dispose off the matter in accordance with law. Let the order be communicated to the court of Shri D.N. Mishra, Chief Judicial Magistrate, Samastipur in connection with C.R. No.543 of 2009 arising out of Samastipur Town SC/ST P.S. case No.9 of 2006 through FAX at the cost of the petitioner. Narendra/ ( Anjana Prakash, 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.