Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26912 of 2012 ====================================================== Dhiren Sah .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 13-08-2012 Heard learned counsels for the petitioner, the State and the informant. The petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] . It is alleged that eight month prior to the lodging of the case the petitioner established forceful physical relationship and thereafter on promise to marry her he continued to establish physical relationship when assault was made to terminate the pregnancy also. It is submitted by learned senior counsel for the petitioner that the mother of the petitioner filed two informatory petitions on 20.07.2001 and 14.12.2011 alleging threatening, Patna High Court Cr.Misc. No.26912 of 2012 (2) dt.13-08-2012 2/3 due to the land dispute, against the informant. The informant filed complaint case making accusation against her husband in 2006 and thereafter she filed divorce case in 2011 and on 16.12.2011 she filed petition before the learned court below that petitioner has established physical relationship. The medical report contained in Annexure-2 does not reflect any external injury. The age of the victim has been assessed as 19 years though pregnancy of 21 weeks has also been found. It is further submitted by learned senior counsel for the petitioner that the informant is in habit of lodging frivolous cases against others. Considering the fact that the accusation under [STATUTE] has not been corroborated by the medical opinion, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Patna High Court Cr.Misc. No.26912 of 2012 (2) dt.13-08-2012 3/3 Chief Judicial Magistrate, Kishanganj in connection with Kishanganj Mahila P.S. Case No. 07 of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. DKS/ (Dinesh Kumar Singh, J.) .

Applicable IPC Section: 315

Statute Text:
Section 315 of the Indian Penal Code. Act done with intent to prevent a child being born alive, or to cause it to die after its birth. Whoever before the birth of any child does any act with the intention of thereby preventing that child from being born alive or causing it to die after its birth, and does by such act prevent that child from being born alive, or causes it to die after its birth, shall, if such act be not caused in good faith for the purpose of saving the life of the mother, be punished with imprisonment of either description for a term which may extend to ten years, or with fine, or with both.