Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.592 of 2012 Mohammad Sabir @ Sabir son of Suleman, Resident of Mohalla- Rahikpur, P.S.-Ararai (R.S.), District- Araria. Versus The State of Bihar --------- 2. 6.1.2012. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks bail in connection with a case instituted under [STATUTE] . The allegation is of committing rape upon the informant on 11.4.2010. Subsequently, the informant disclosed about the incident to her mother and aunt. Her mother brought it to the notice of her father. When her father went to complain regarding the incident, he was beaten and driven out by the petitioner. Subsequently, a panchayati took place. In presence of the panches, the petitioner is said to have admitted establishing physical relationship with the informant on the promise of marriage. He accepted before the panches that he would marry the informant. However, he, subsequently, denied to marry the petitioner and demanded Rs. 50,000/- in the form of dowry as a condition precedent for marrying the informant. Though, an information was given in the police station in this regard, no case was instituted and subsequently on 22.7.2010 an information was given to the S.P., Araria, pursuant to which, F.I.R. was registered. It is contended on behalf of the petitioner that the entire allegation is false, concocted and fabricated in order to 2 compel and blackmail the petitioner for marriage with the informant. The date of occurrence as alleged is 11.4.2010 but the F.I.R. has been registered on 5.8.2010 on the basis of an information given to the S.P. on 22.7.2010. The medical report discloses the age of the petitioner to be between 18 to 19 years. On 5.8.2010 the doctor who medically examined her as per statement made in paragraph no. 16 of the petition found her pregnancy to be of more than five months. The medical report, thus, belies the contention of the informant of being raped by the petitioner on 11.4.2010. Be that as it may, considering the facts and circumstances of the case the petitioner who is said to be in custody since 24.9.2011 is directed to be released on bail on furnishing bail bonds of Rs.10, 000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Araria in connection with Araria P.S. Case No. 337 of 2010 corresponding to G.R. No.1531 of 2010. Md.S. (Ashwani 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.