Case Facts:
Patna High Court Cr.Misc. No.15769 of 2012 (3) dt.02-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 15769 of 2012 ====================================================== Prabhakar Kumar .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 3 02-07-2012 Heard learned counsel for the petitioner and learned counsel for the State. This is a petition for grant of regular bail in a case under [STATUTE] . There is allegation of rape on the victim aged about seven years. Learned counsel for the petitioner submits that the case was lodged after ten days of the occurrence and there is no medical report. The only witness is Mamta Devi, mother of the victim. From perusal of the case diary it is apparent that the victim was treated by a private doctor and it is asserted that the petitioner is the son-in-law of the informant. Hence, having regard to the facts and circumstances of the case, I am not inclined to grant bail to the petitioner at this stage. However, the petitioner may renew his prayer for bail after framing of the charge. Accordingly, the prayer for bail of the petitioner is rejected. Kundan/- (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.