Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15970 of 2012 ====================================================== 1. Binod Thakur, Son of Late Satya Narayan Thakur. 2. Chandrakant Jha, Son of Sukhdeo Jha. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 3 27-07-2012 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary. Both the petitioners, who are languishing in custody, seek bail in a case registered under [STATUTE] , are named accused in this case of gang rape upon a dumb lady, daughter of the informant. Submission is of false implication, delayed institution of the case, lack of corroboration by medical examination and the victim’s statement could not be recorded under Section 164 Cr.P.C. since the Magistrate, where she was produced, could not be able to understand what she was trying to submit. Having regard to the facts and circumstances of the case, for the present, I am not inclined to enlarge the petitioners on bail. Accordingly, prayer for regular bail of the above named petitioners, in connection with Lakhnaur P.S. Case No. 87/2010, Tr. No. 2551 of 2012, pending in the court of learned Judicial Magistrate, Ist Class, Jhanjharpur, is hereby, refused. Further, petitioners are at liberty to renew their prayer Patna High Court Cr.Misc. No.15970 of 2012 (3) dt.27-07-2012 2 / 2 2 before the trial court itself after production and possible examination of the victim, who may preferably be the first prosecution witness and the trial court consider the prayer of the petitioners on its own merit without being prejudiced of instant refusal. Praveen-II/- (Akhilesh Chandra, 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.