Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25329 of 2012 ====================================================== Upendra Mishra, Son of Sripat Mishra. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 2 31-07-2012 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State. The petitioner, who is languishing in custody, seeks bail in a case registered under [STATUTE] , is solitary named accused in this four years old case with specific accusation of committing rape upon the informant. Submission is of false implication with ulterior motive since petitioner is an eye-witness in cases instituted against informant’s husband. Having regard to the facts and circumstances of the case and specific accusation, for the present, I am not inclined to enlarge the petitioner on bail. Accordingly, prayer for regular bail of the above named petitioner, in connection with Buxar Muffasil P.S. Case No. 162/2008, pending in the court of learned Chief Judicial Magistrate, Buxar, is hereby, refused. Simultaneously, courts below are directed to proceed expeditiously with the trial and avoid undue delay and adjournments. Further, petitioner is at liberty to renew his prayer before the trial court itself after examination of the victim, if so wishes. 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.