Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26796 of 2012 ====================================================== Ram Bilas Yadav @ Fuchun Yadav @ Putun Yadav, Son of Late Ghuta Yadav. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 3 26-09-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary. The petitioner, who is languishing in custody, seeks bail in a case registered under [STATUTE] and Section 27 of the Arms Act, is one of the named accused in this case with allegation of committing all type of offences including gang rape upon sister-in-law (Bhabhi) of the informant, who in her statement in paragraph – 7 of the case diary also stated the miseries faces by her at the instance of petitioner, Shivnandan Yadav and Bisundhari Yadav. Submission is of false implication due to continued enmity and by way of pressure to get a case compromised lodged under [STATUTE] . The police after investigation submitted final form; however, taking a different note cognizance has recently been taken. Taking into consideration the facts and circumstance discussed above, for the present, prayer for regular bail of the above named petitioner in connection with Fatehpur P.S. Case No. 104/2012 Patna High Court Cr.Misc. No.26796 of 2012 (3) dt.26-09-2012 2 pending in the court of learned Chief Judicial Magistrate, Gaya, is hereby, refused. Simultaneously, courts below are directed to proceed expeditiously with the trial and avoid undue delay and adjournments. Further, the petitioner, if so wishes, is at liberty to renew his prayer before the trial court itself after examination of the victim raped. 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.