Case Facts:
Patna High Court Cr.Misc. No.33686 of 2012 (2) dt.05-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33686 of 2012 ====================================================== Ajay Mahton, son of Naresh Mahton, resident of Village- Parbanda, P.S. Birpur, District- Begusarai. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 2 05-09-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner has been arrested in connection with Birpur P.S. Case No. 32 of 2012, registered under [STATUTE] . Learned counsel for the petitioner submits that taking into consideration the allegation, offence under [STATUTE] . is not made out. There is no allegation of rape whatever allegation is that petitioner has shown off scene picture on mobile phone to the victim and kissed her. The petitioner is in jail custody since 05.07.2012. Having regard to the facts and circumstances of the case, the above named petitioner is directed 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 Chief Judicial Magistrate, Begusarai, in connection with Birpur P.S. Case No. 32 of 2012, subject to condition that one of the bailors Patna High Court Cr.Misc. No.33686 of 2012 (2) dt.05-09-2012 shall be near relative of the petitioner and petitioner shall appear on each and every date fixed in this case and any absence shall be subject to satisfaction of the court below on reasonable ground. 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.