Case Facts:
Patna High Court Cr.Misc. No.46935 of 2012 (2) dt.13-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 46935 of 2012 ====================================================== Mantosh Kumar @ Mantosh Kumar Gupta .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 2 13-12-2012 Heard learned counsel for the petitioner and learned counsel for the State. This is a petition for grant of regular bail in a case under Sections 341, 323, 504, 379, 354, 376(G) and 511/34 of the Indian Penal Code. There is allegation that the informant along with others hired a tempo to go village Bhakura and in the way four persons including the petitioner tried to outrage her modesty and snatched the mobile. Learned counsel for the petitioner submits that from the First Information Report and the statement of the victim a case for the offence under [STATUTE] is not made out and the petitioner is in jail custody since 14.08.2012. Hence, having regard to the facts and circumstances of the case, the petitioner above named is ordered to 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 Chief Judicial Magistrate, Bhojpur at Arrah in connection with Ara Muffasil P. S. Case No. 118 of 2012. Kundan/- (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.