Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36658 of 2012 ===================================================== Rabindra Kumar, son of Ram Lochan Mahto, resident of village- Rohua, P.S. Sonebarsa, District-Sitamarhi. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. ===================================================== Appearance : For the Petitioner : Mr. Pushpendra Kumar Singh, Advocate. For the State : Mr. Chandra Sen Prasad Singh, A.P.P. ===================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------ 2 08-10-2012 Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is accused in Sonebarsa P.S. Case No.23 of 2012 registered under [STATUTE] . It has been submitted on behalf of the petitioner that while the petitioner is named in the F.I.R. but there is no allegation against the petitioner of committing rape upon the victim, Priyanka Kumari, the daughter of the informant, Suresh Mandal. Moreover, the victim in her statement recorded under Section 164 of the Code of Criminal Procedure has only stated that the petitioner had instigated her to develop physical relation with the co-accused, Santosh Mandal. It is further submitted that the victim was medically examined, in which her age has been Patna High Court Cr.Misc. No.36658 of 2012 (2) dt.08-10-2012 2 / 2 2 assessed to be about 17 years. Having regard to the facts and the circumstances of the case, the petitioner abovenamed, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi, in connection with Sonebarsa P.S. Case No.23 of 2012. P.S./- (Rajendra Kumar Mishra, 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.