Case Facts:
Patna High Court Cr.Misc. No.27582 of 2012 (3) dt.20-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27582 of 2012 ====================================================== 1. Md. Shakeel S/O Nizam .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== For the Petitioner :- Mr. Yogesh Kumar For the O.P. :- Mr. Saroj Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 3 20-09-2012 Power is filed on behalf of the informant. Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State assisted by learned counsel for the informant. Petitioner is in jail custody since 04.06.2012 in a case registered under [STATUTE] . It is alleged that petitioner and four others entered into the house of the informant and took her to a room where she was gang raped by the petitioner and his associates. The contention on behalf of the petitioner is that petitioner is step dewar of the informant and as a matter of fact, on account of previous enmity and land dispute the informant has filed this false case. It is further contended by him that the Patna High Court Cr.Misc. No.27582 of 2012 (3) dt.20-09-2012 informant is a lady of questionable character and in course of investigation, witnesses stated about the character of the informant and furthermore, witnesses stated that no such occurrence, as alleged in the first information report, did ever take place on the alleged date of occurrence. It is further contended by him that medical report of the victim also does not support the allegation of rape. On the other hand, learned counsel appearing for the informant vehemently opposed the prayer pointing out that informant as well as her family members supported the prosecution story and it is informant who is competent to say about the story of gang rape. Regard being had to the facts and circumstances of the case as well as submissions of the parties, I am not inclined to release the petitioner on bail and accordingly, his prayer for bail in connection with Khodawandpur (Chhaurahi O.P.) P.S. Case No. 08 of 2012 pending in the court of Chief Judicial Magistrate, Begusarai is, hereby, rejected, at least, at this stage. SHAHZAD/- (Hemant Kumar Srivastava, 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.