Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35986 of 2012 ====================================================== Vishwa Vijay Ram, son of Kailash Ram, resident of Vill. Beni Gajhar (Pachayari Bani), P.S. Tandwa, Distt. Aurangabad. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2. 15-10-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner is in custody in connection with Tandwa P.S. Case No. 8 of 2012 registered for offence under [STATUTE] . As per the persecution story, the petitioner is alleged to have committed rape on the grand daughter of the informant on 25.02.2012 at about 6:30 p.m. It is stated in the F.I.R. that the victim was 15 years old and was dragged by the petitioner into the field where he committed the said offence. Learned counsel for the petitioner submits that he has been falsely implicated on the instigation of local politicians which would be clear from the fact that though the incident is alleged to have occurred on 25.02.2012 but the report to the police Patna High Court Cr.Misc. No.35986 of 2012 (2) dt.15-10-2012 2 was made only on 29.02.2012. It is further submitted that as per the allegation the victim had raised alarm and the petitioner had left her and fled away. Learned counsel has also drawn the attention of this Court to the medical report which clearly discloses that there is no mark of violence on the body and sexual parts. It is further submitted that the age also has been assessed to be approximately 18 to 20 years. Further, there is no clear cut finding of rape having been committed. Learned counsel submits that the parties have also subsequently compromised and copy of comprise has also been annexed as Annexure-2 in the present application. It is submitted that in the compromise petition it has clearly been stated that due to pressure of the local politicians, the statement has been made by the alleged victim girl under Section 164 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ‘Code’) against the petitioner before the Magistrate. Learned counsel further submits that the Deputy Superintendent of Police in his supervision note has found the allegation of rape to be false. With regard to the statement of persons examined by the police, who have stated that the petitioner had done such acts earlier also and was also beaten up by the people, according to learned counsel for the petitioner, it cannot be believed since had it been the case then it cannot be accepted that the petitioner Patna High Court Cr.Misc. No.35986 of 2012 (2) dt.15-10-2012 3 would have been allowed to remain in the village or at the place where he was posted. Learned counsel further submits that the petitioner is in custody since 26.06.2012 and penal consequences have also visited him due to this incarceration inspite of him being innocent. Learned A.P.P. for the State opposes the prayer for bail and submits that the petitioner being a teacher and committing such offence, should not be allowed the privilege of bail. Considering the facts and circumstances of the case, let the petitioner be released on bail upon furnishing bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad in connection with Tandwa P.S. Case No. 8 of 2012. Anjani/- (Ahsanuddin Amanullah, 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.