Case Facts:
Patna High Court Cr.Misc. No.23122 of 2012 (4) dt.06-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23122 of 2012 ====================================================== 1. Gobind @ Govind Das @ Pappu @ Pappu Das S/O Ganaur Das R/O Vill-Harpur Krishna, P.S.-Sakara, Distt-Muzaffarpur .... Petitioner Versus 1. The State Of Bihar .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 4 06-08-2012 Heard learned counsel for the petitioner and the State. This is a petition for grant of regular bail for offence under [STATUTE] . The learned counsel for the petitioner submits that the medical evidence shows that the girl’s age is 18 to 19 years. It has, further, been contended that in paragraph 24 of the case diary the brother of the victim stated that the victim used to go for study at Motihari and he learnt that she used to meet with some boy. In paragraph 30 of the case diary the informant stated that he learnt from the brother of the victim that the victim has intimacy with some boy. The learned counsel for the petitioner submits that this is a case of love affairs. The girl was recovered at Gujrat and she stated that she was kidnapped and raped. 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. If the trial is not concluded within six months, then, the petitioner may renew his prayer for bail. 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.