Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 39552 of 2012 ====================================================== Rajesh Kumar S/O Samodhi Singh Resident of Village Jinpura, Police Station-Bihta, District -Patna. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. For the Opposite Party : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2. 05-11-2012 Heard Mr. Suraj Narayan Prasad Sinha, learned senior counsel appearing for the petitioner and learned A.P.P. for the State. A supplementary affidavit has been filed on behalf of the petitioner today. Let the same be kept on record. The petitioner is in custody in connection with Bihta P.S. Case No. 173 of 2012 registered for offence punishable under [STATUTE] as well as Section 3 (1) (xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. As per the prosecution story, the petitioner is said to have married the informant after having fallen in love and after the informant coming all the way from the District of Palamu in the State of Jharkhand to the place of the petitioner at Bihta in the District of Patna. It is stated that after marrying in a temple, they have enjoyed physical Patna High Court Cr.Misc. No.39552 of 2012 (2) dt.05-11-2012 2 / 3 2 relationship and after that when the informant was going to her home, the petitioner made her to board the bus for her home town but did not accompany her meaning thereby that he had abandoned her. Learned counsel for the petitioner submits that the fact of marriage is not disputed and the informant wanted to go to meet her parents and that is why he has gone to see her off and after that she had boarded the bus for Palamau and he came back. A supplementary affidavit has been filed today where Pramod Sharma who is the uncle of the petitioner has made a statement on behalf of the petitioner that he is still ready to live with her. In view of the above, this Court is inclined to show indulgence to the petitioner. Accordingly, let the above named petitioner be released on provisional bail upon furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Danapur in Bihta P.S. Case No. 173 of 2012. The bailors shall be the father and mother of the petitioner who shall also file an undertaking that they are ready to keep the informant as daughter-in-law with full dignity, honour and security. The petitioner within one week of coming out of prison shall appear before the Court and shall file a petition supported by affidavit that he shall keep the informant as his wife with full dignity honour and Patna High Court Cr.Misc. No.39552 of 2012 (2) dt.05-11-2012 3 / 3 3 security. The Court shall then call the informant before it and in the presence of both the parties, the Court shall get the couple to execute a joint bond on mutually acceptable terms. Thereafter, the Court shall confirm the bail granted to the petitioner. The Court shall then fix a date not beyond four weeks for the next six months on which date both the petitioner and the informant shall be obliged to be personally present before the Court. The Court shall thereafter record the statement of the informant after confirming from her that she is treated well and does not have any complain. The informant shall further be at liberty to file an application if there is any breach of the terms of the undertaking or any maltreatment to her, before the Court concerned. The Court thereafter upon hearing the petitioner may cancel his bail bond if it is found that the allegation levelled against the petitioner are correct. This application stands disposed off in the aforementioned terms. Anand Kr. (Ahsanuddin Amanullah, 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.