Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43084 of 2011 ====================================================== Jangbahadur Sah, Son of Late Yamuna Sah. .... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 3 16-03-2012 Supplementary affidavit has been filed on behalf of the petitioner. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary up to paragraph – 21 dated 25/10/2011. The petitioner is apprehending his arrest in connection with a case registered for the offence punishable under [STATUTE] , is one of the named accused in this case with allegation of committing some sort of misbehavior with the informant. Submission is of false implication in retaliation of earlier instituted case. Further submission is that parties have already settled their disputes for which petition for compromise is on record with the court below. If, it is so and the informant with her husband appearing before the court below supports the factum of settlement and contents therein with their free will and consent without any coercion and the husband of the informant stood as one of the bailors, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) Patna High Court Cr.Misc. No.43084 of 2011 (3) dt.16-03-2012 2 / 2 2 with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Bairiya P.S. Case No. 138 of 2011, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below till disposal of the case and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen-II/- (Akhilesh Chandra, 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.