Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35928 of 2011 ====================================================== 1. Binod Chaudhary S/O Tilak Chaudhary R/O Village - Milki Manihari, P.S. Dinara, Distt. – Rohtas. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 03. 21.03.2012 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under [STATUTE] . The petitioner was refused bail by order dated 25.11.2010 since there was direct allegation against him of having committed rape upon the victim. The prayer for bail has been renewed on the ground of undue delay in trial and the petitioner is in custody since 02.11.2009. A report was called for from the Trial Court which reveals that not a single witness has been examined despite notices to them. In view of such, let the petitioner, above named who has no criminal antecedents be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Chief Judicial Magistrate, Rohtas at Sasaram in connection with Dinara P.S. Case No. 186 of 2009 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner and Patna High Court Cr.Misc. No.35928 of 2011 (3) dt.21-03-2012 2 the other bailor shall be the wife of the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is he shall not be released on bail. (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iv) That the petitioner will be physically present on each date of trial and if he fails to do so on two consecutive dates without reasonable cause, his bail shall stand automatically cancelled. Vikash/- (Anjana Prakash, 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.