Case Facts:
Patna High Court Cr.Misc. No.9789 of 2012 (4) dt.26-06-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9789 of 2012 ====================================================== 1. Sima Devi W/O Naurangi Sah .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.12672 of 2012 ====================================================== 1. Jamal Khurshid @ Akbar S/O Late Amiruddin .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 4 26-06-2012 Both the above stated petitions arise out of Kishanganj Rail P.S. Case No. 22 of 2011 initially, registered under [STATUTE] and later on, [STATUTE] was also added and accordingly, both the above stated petitions are being disposed of by this common order. Petitioners are named in the first information report and it is alleged that informant as well as one Guriya Kumari left their home to go to Basti to meet her lover and relative, respectively but they met with petitioners and others and after that petitioners and other accused tried to sell the informant and her friend and it is also alleged that petitioner in Cr. Misc. No. 12672 Patna High Court Cr.Misc. No.9789 of 2012 (4) dt.26-06-2012 of 2012 committed rape on the informant’s friend. Learned counsel appearing for the petitioners submits that as a matter of fact informant and her friend are girls of questionable character and they established physical relation by their own consent and that is the reason no case of missing of the informant as well as her friend was lodged by their family members. It is further submitted by him that so far as petitioner in Cr. Misc. No. 9789 of 2012 is concerned, no specific overt-act has been attributed against her and moreover, the informant as well as her friend have not been medically examined and having more or less similar allegation, co-accused Anwar has already been granted privilege of anticipatory bail. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Railway Judicial Magistrate, Katihar in connection with Kishanganj Rail P.S. Case No. 22 of 2011. SHAHZAD/- (Hemant Kumar Srivastava, 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.