Case Facts:
Patna High Court Cr.Misc. No.30042 of 2012 (2) dt.04-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30042 of 2012 ========================================= Rama Shankar Rai, son of Late Baldeo Rai .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ========================================= CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 2 04-09-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application has been filed for the grant of regular bail to the petitioner who has been made an accused in a case registered for the offences punishable under [STATUTE] and later on [STATUTE] was added. The petitioner is solitary named accused in this case initially instituted under [STATUTE] but subsequently converted into [STATUTE] subsequent to the statement of the victim recorded under Section 164 of the Code of Criminal Procedure. Submission is of false implication and delayed institution of the case without any convincing explanation with specific accusation under [STATUTE] but roughly after a month getting the same converted into 377 of the Indian Penal Code without any medical Patna High Court Cr.Misc. No.30042 of 2012 (2) dt.04-09-2012 support for either of the two offences. Further, petitioner carries no criminal antecedent. If, it is so, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Sri Afzal Alam, Judicial Magistrate, 1st Class, Vaishali at Hajipur, in connection with Ganga Bridge P.S. Case No. 35 of 2012, with a condition to remain physically present before the court below on each and every date till disposal of the case, in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Rajeev/- (Akhilesh Chandra, J)

Applicable IPC Section: 377

Statute Text:
Section 377 of the Indian Penal Code. Unnatural offences. Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.