Case Facts:
Patna High Court Cr.Misc. No.29865 of 2012 (3) dt.01-10-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29865 of 2012 ======================================= Muntun Kumar, son of Suraj Ram .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ======================================= CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 3 01-10-2012 Heard learned counsel for the petitioner, informant and learned Additional Public Prosecutor for the State. This application has been filed for the grant of regular bail to the petitioner who has been made an accused in connection with Karja P.S. Case No. 61 of 2012 pending before S.D.J.M., (West), Muzaffarpur, for the offences punishable under [STATUTE] . The petitioner is one of the named accused in this case being husband of the informant with allegation of getting her right from Maike in spite of earlier hesitation and in the way she was taken by some miscreants and subject to sexual assault. She raised a doubt against her husband as a person behind the entire occurrence. Submission is of false implication on suspicion and petitioner himself after such occurrence got a case bearing Patna High Court Cr.Misc. No.29865 of 2012 (3) dt.01-10-2012 Kanti P.S. Case No. 133 of 2012 instituted, but there is no explanation for the petitioner getting the case instituted roughly after 24 hours of such occurrence. Having regard to the facts and circumstances of the case, for the present, prayer of regular bail of the petitioner is hereby refused. Simultaneously, courts below are directed to proceed expeditiously and avoid undue delay and adjournment. Further, petitioner is at liberty to renew his prayer before the trial court, if so wishes, after examination of the victim-cum-informant during trial and learned counsel for the informant is directed to cooperate in trial. Rajeev/- (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.