Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37496 of 2012 ====================================================== 1. Biltu Kumar Jha @ Praveen Kumar Jha S/O Sri Santosh Jha Resident Of Village- Ungaon, P.S.- Harlakhi, District- Madhubani .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Ajay Thakur, Advocate For the Opposite Party : Mr. D Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 2 09-10-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner is accused in Madhubani Town P.S. Case No.197/2012 for the offence registered under sections 363, 366(A) of the Indian Penal Code in which subsequently [STATUTE] was also added. Learned counsel appearing for the petitioner submits that it would appear from the statement of victim Pooja Kumari recorded under section 164, Cr.P.C. that she left her house with the petitioner according to her sweet will and she is also under pregnancy. It is also submitted that in medical examination, the victim Pooja Kumari has been assessed as 18 years which has come in the order dated 3.9.2012 of the Ad hoc Additional Sessions Judge –III, Madhubani, whereby the prayer for bail of the Patna High Court Cr.Misc. No.37496 of 2012 (2) dt.09-10-2012 2 petitioner has been rejected. In the facts and circumstances of the case, the petitioner, namely, Biltu Kumar Jha @ Praveen Kumar Jha is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhubani, in connection with Madhubani Town P.S. Case No. 197/2012. mrl./- (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.