Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.68 of 2012 Md. Saddam @ Md. Saddam Ansari Versus The State Of Bihar 2. 13.01.2012. Heard learned counsels for the petitioner and the State. The petitioner is languishing in custody since 17.07.2011 in a case registered for the offence under [STATUTE] . The accusation is of committing rape by two accused including the petitioner. It is submitted by learned counsel for the petitioner that the occurrence is of 15.07.2011 and the F.I.R. was lodged on 16.07.2011 and the victim was medically examined on 17.07.2011 which completely negates the prosecution accusation. Moreover, no resisting injury has been found on the victim’s body and father of the victim has admitted that the victim is suffering from some mental abnormality. Considering the medical evidence which negates the prosecution case, let the petitioner above named 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 learned C.J.M. Madhubani, in connection with Pandaul P.S. Case No. 193 of 2011 arising out of G.R. No. 1838 of 2011. U. K. ( 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.