Case Facts:
Patna High Court Cr.Misc. No.36905 of 2012 (2) dt.12-10-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36905 of 2012 ====================================================== 1. Malkhan Sahani S/O Late Baldeo Sahani .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 2 12-10-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 03.12.2011 in a case registered under [STATUTE] . Although, it is a case of gang rape and petitioner is named in the first information report but there is only allegation against him that he along with some other accused stopped the husband of the victim when he made protest of rape. According to prosecution case itself, it were co-accused Mastan and Nagendra Sahni who committed rape on the victim. Learned counsel for the petitioner submits that as a matter of fact there was previous enmity between husband of the victim as well as petitioner and that is the reason of false implication of the petitioner in the alleged crime. Considering the aforesaid facts and circumstances as Patna High Court Cr.Misc. No.36905 of 2012 (2) dt.12-10-2012 well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of 9th Additional Sessions Judge, Muzaffarpur in connection with Sessions Trial No. 219 of 2012(296/2012) arising out of Shiwaipatti P.S. Case No. 81 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.