Case Facts:
Patna High Court Cr.Misc. No.829 of 2012 (2) dt.17-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.829 of 2012 ====================================================== Umesh Yadav .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH) 2 17-01-2012 Heard learned counsels for the petitioner and the State. The petitioner is languishing in custody since 23.08.2011 in a case registered for the offence under [STATUTE] . The accusation is against the petitioner to have established forceful physical relationship. The occurrence took place on 27.07.2011 in the night and F.I.R. was lodged on 29.07.2011 at 2.10 P.M. The medical report negates the accusation. No external injury has been found. The delayed lodging of F.I.R. and non- corroboration of accusation by medical evidence cloud the bonafide of accusation, let the petitioner above named be released on bail on furnishing bail Patna High Court Cr.Misc. No.829 of 2012 (2) dt.17-01-2012 bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-I, Rohtas at Sasaram in connection with S. Tr. No. 391 of 2011 arising out of Karakat P.S. Case No. 154 of 2011. U. K. (Dinesh Kumar Singh, 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.