Case Facts:
Patna High Court Cr.Misc. No.10154 of 2012 (3) dt.18-04-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10154 of 2012 ====================================================== Md. Aslam, son of Isamal Mian @ Islam Mian, resident of Village- Birampur, P.S. Koilwar, District- Bhojpur at Ara. .... .... Petitioner. . Versus The State of Bihar .... .... Opposite Party. CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 3 18-04-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner has been arrested in connection with Koilwar P.S. Case No. 17 of 2011, registered under [STATUTE] . During investigation witnesses have supported the prosecution case. However, from the order of the Sessions Judge, it is apparent that Forensic Science Laboratory report also shows that the semen mixed blood was found on the janghia of the victim girl. Learned counsel for the petitioner however, contends that x-ray report shows no sign of external injury. However, witnesses have supported the prosecution case and petitioner was caught at the time of rape. Under the facts and circumstances of the case, I am not inclined to grant bail to the petitioner at this stage. However, if the trial is not concluded within nine months, then petitioner may renew his prayer for bail. m.p. (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.