Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5269 of 2012 ====================================================== Pawan Sharma @ Pawan Kumar Sharma & Anr. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 23-02-2012 Petitioners are apprehending their arrest in a case registered for the offences punishable under [STATUTE] . and Section 3(1)(X)(XI)(XII) and 3, 2 of the S.C. & S.T.(Prevention of Atrocities) Act. The accusation is of establishing forceful physical relationship on 12.07.2008 when the complaint was lodged on 14.07.2008. The complaint was dismissed by learned Court below on 23.11.2010 when no prima facie case was made out. The present cognizance order has been passed in pursuance to the order passed by the Revisional Court. It is submitted by learned counsel for the petitioners that petitioners earlier purchased the land of the informant and for the same dispute the present frivolous case Patna High Court Cr.Misc. No.5269 of 2012 (2) dt.23-02-2012 2 / 2 2 has been lodged. It appears from the complaint that no medical examination of the victim was done. Delayed lodging of the complaint coupled with the dismissal of the complaint initially by the Magistrate clouds the bona fide of the accusation, let the petitioners namely 1. Pawan Sharma @ Pawan Kumar Sharma 2. Md. Gulab, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Samastipur in connection with Complaint Case No. C.R. No. 967 of 2008, Trial No. 44 of 2011. Shageer/- (Dinesh Kumar Singh, 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.