Case Facts:
Patna High Court Cr.Misc. No.24954 of 2012 (2) dt.13-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24954 of 2012 ====================================================== Mayur Ashish Raj, son of Suresh Gupta, resident of Village- Barah Pathar, Ward No. 14, Police Station- Samastipur Town, District- Samastipur. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 2 13-07-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner has been arrested in connection with Samastipur Town P.S. Case No. 35 of 2012 registered under [STATUTE] . There is allegation that petitioner committed rape on the pretext of marrying the victim and when the victim becomes pregnant then informant gave her some medicine for termination of her pregnancy. Learned counsel for the petitioner submits that victim was a consenting party and she was widow and understanding the consequence of sexual intercourse. The petitioner is in jail custody since 19. 04. 2012. Having regard to the facts and circumstances of the case, the above named petitioner is directed to be released on bail on Patna High Court Cr.Misc. No.24954 of 2012 (2) dt.13-07-2012 furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Samastipur, in connection with Samastipur Town Police Station Case No. 35 of 2012, subject to condition that petitioner shall appear on each and every date fixed in this case and any absence of the petitioner shall be subject to satisfaction of the court below on reasonable ground. Further condition that petitioner shall not try to abstain the witness to appear in the case and further not to do any act of omission and commission which will terrorise or allure any witness and any such allegation is made then it may be a ground for cancellation of bail bond of the petitioner at the discretion of the trial court. m.p. (Gopal Prasad, 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.