Case Facts:
Patna High Court Cr.Misc. No.28816 of 2012 (3) dt.12-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28816 of 2012 ====================================================== 1. Phulba Mansoori @ Phulhasan Mansoori S/O Pharmood Mansoori R/O Village - Barsam, P.S. Rudrapur, District - Madhubani.... Petitioner Versus 1. The State Of Bihar .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 3 12-09-2012 Heard learned counsel for the petitioner and the State. This is a petition for grant of regular bail for offence under [STATUTE] . Earlier the case has been instituted under [STATUTE] , however, the charge sheet has been submitted under [STATUTE] . The victim, Sheela Devi in paragraph 42 of the case diary in her statement under Section 164 of the Criminal Procedure Code stated that this petitioner took her on false pretext of taking her to her husband and, thereafter, kept and raped her. The learned counsel for the petitioner contends that there is delay in lodging the first information report as the occurrence is dated 16.03.2012 whereas the first information report has been lodged on 29.03.2012 and when the victim did not reach to her destination it was learnt that she has been enticed and taken away by this petitioner. Hence, having regard to the facts and circumstances of the case, I am not inclined to grant bail to the petitioner at this stage. The prayer for bail is rejected. However, the trial may be expedited for early disposal preferably within a year. SA/- (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.