Case Facts:
Patna High Court Cr.Misc. No.1083 of 2012 (2) dt.23-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1083 of 2012 ====================================================== Lal Babu Mahto .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== Appearance : CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH) 2 23-01-2012 Heard learned counsels for the petitioner and the State. The petitioner is languishing in custody since 23.09.2011 in a case registered for the offence under [STATUTE] . The accusation was ventilated through complaint where it is alleged that husband of the complainant Upendra Rai deserted her hence, she fell love in with this petitioner who established physical relationship on promise of marriage but subsequently he refused to marry. It is submitted that for occurrence of 2007 the complaint was filed in 2011 whereas in 2009 the complainant filed another complaint case no. 1100 of 2009 describing herself as wife of Upendra Rai where accusation under [STATUTE] . was levelled against the Patna High Court Cr.Misc. No.1083 of 2012 (2) dt.23-01-2012 petitioner, the petitioner’s wife and his brother- in-law (Sala). Considering delayed lodging of the complaint and inconsistent accusation levelled by the informant, let the petitioner above named 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 the learned Ist Additional Sessions Judge, Samastipur, District-Samastipur in connection with S.T. No. 573 of 2011 arising out of Warishnagar (Mathurapur O.P.)P.S. Case No. 184 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.