Case Facts:
Patna High Court Cr.Misc. No.10610 of 2012 (2) dt.07-03-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10610 of 2012 ====================================================== 1. Vijay Kumar Sharma S/O Sri Shyam Nath Resident Of 4/2766 Gali No.- 3, Bihar Colony, Sahdra New Delhi-32 At Present Resident Of Mission Compound, Mirzapur Police Civil Lines, District- Mirzapur (O.P.) .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 07-03-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks bail in connection with a case instituted for the offence punishable under [STATUTE] . It is submitted that the informant has lodged an out and out a malicious case against the petitioner. She has alleged that on the pretext of marriage the petitioner established physical relationship with her since March 2007 and till August 2009. The present case has been instituted on 9.9.2011. The informant has disclosed her age to be 36 years and she is a medical graduate. It is also contended that even if the entire allegation is taken to be true no case under [STATUTE] would be made out. Be that as it may, considering the facts and circumstances of the case the petitioner named above is directed to Patna High Court Cr.Misc. No.10610 of 2012 (2) dt.07-03-2012 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 learned Chief Judicial Magistrate, Gaya in connection with Civil Line P.S. Case No.251 of 2011 subject to the conditions (i) that both the bailors will be close relative of the petitioner who will give separate affidavit giving genealogy as to how they are related with the petitioner (ii) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority (iii) that he shall remain present before the court on the dates fixed for hearing of the case. If he wants to remain absent, then he shall take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, he shall immediately inform the court and request that he may be permitted to be present through counsel (iv) that liberty is given to the State to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioner violates any of the conditions imposed by this court. Md.S./- (Ashwani 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.