Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.7102 of 2012 ====================================================== Awadhesh Yadav, Son of Banwari Yadav. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 3 03-04-2012 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 up to paragraph – 91 dated 30.11.2011. The petitioner seeks bail in a case registered under [STATUTE] . The petitioner, who is languishing in custody, is one of the named accused in this case, instituted on basis of Complaint Case No. 1108 of 2010 with allegation of committing rape upon the complainant-informant. Submission is of false implication, delayed lodging of the complaint without any medical support. Having regard to the facts and circumstances of the case, at this stage, I am not inclined to enlarge the petitioner on bail. Accordingly, prayer for regular bail of the above named petitioner, in connection with Kawakole P.S. Case No. 10 of 2011, pending in the court of Chief Judicial Magistrate, Nawada, is hereby, refused. The petitioner, if so wishes, renew his prayer after examination of the victim before the trial court itself. 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.