Case Facts:
Patna High Court Cr.Misc. No.40397 of 2011 (4) dt.30-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40397 of 2011 ====================================================== Mithilesh Ray @ Pankaj Ray .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Md Sobar Asghar For the Opposite Party : Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER (Per: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA) ----------- 04/ 30.01.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 23.8.2011 in a case registered under [STATUTE] . Although victim has supported the allegation of kidnapping as well as rape in a statement recorded under section 164 Cr.P.C but submission on behalf of the petitioner is that victim was major at the time of alleged occurrence and, as a matter of fact, petitioner was himself kidnapped by the victim as well as her other family members. It is further contended by him that the victim had left her home by her own sweet will. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, Mithlesh Ray @ Pankaj Ray, be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhubani in Pandaul P.S. Case no. Patna High Court Cr.Misc. No.40397 of 2011 (4) dt.30-01-2012 218/2011. Shahid Hassan (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.