Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14747 of 2012 ====================================================== Ram Padarth Ray son of late Harihar Ray, resident of Mohiuddinnagar, District-Samastipur. .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 3 22-05-2012 Heard learned counsel for the petitioner and learned A.P.P. appearing on behalf of State. The petitioner is accused in a case registered for the offence punishable under [STATUTE] . Learned counsel appearing on behalf of petitioner submits that while the informant, Bipin Kumar Mahto, lodged the First Information Report against the petitioner and five others mere on suspicion about kidnapping of his minor sister, Raj Kumari, but Raj Kumari after recovery give her statement under Section 164 of the Code of Criminal Procedure, in which she has named the petitioner and also Shambhu but she has categorically stated about committing rape by Ramesh and Karu not by the petitioner. It is also submitted that similarly situated co-accused, Shambhu Roy, has been allowed bail by this Court on 14.02.2012, Patna High Court Cr.Misc. No.14747 of 2012 (3) dt.22-05-2012 2/2 vide Criminal Miscellaneous No. 6094 of 2012 and the petitioner is in custody since 19.10.2011. Learned A.P.P. appearing on behalf of State while opposing the prayer for bail of the petitioner submits that the victim in her statement under Section 164 of the Code of Criminal Code has stated the name of the petitioner and others but she has only stated about committing rape by Ramesh and Karu. Considering the aforesaid facts and circumstances, let the above named petitioner, be released on bail, on furnishing bail bond of Rs. 10,000 (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-I, Samastipur in connection with Mohiuddinagar P.S. Case No. 135 of 2010 arising out of S.T. No. 97 of 2012. Safik/- (Rajendra Kumar Mishra, 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.