Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17051 of 2012 ====================================================== 1.Gopal Ram, Son of Shambhu Ram. 2.Ganesh Kumar, Son of Bhola Ram. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 3 19-06-2012 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary. Both the petitioners, who are languishing in custody, seek bail in a case registered under [STATUTE] , are named accused in this case with allegation of committing gang rape upon the minor daughter of the informant, who also her statement supported the miseries faced by her. Submission is that the medical report does not support the allegation of rape, but in view of her statement mentioned in paragraphs – 34 & 42 of the case diary, it appears that the medical report as regard to allegation of rape is to be submitted directly to the court below while charge-sheet in this case has been submitted. Having regard to the facts and circumstances of the case, for the present, I am not inclined to enlarge the petitioners on bail. Accordingly, prayer for regular bail of the above named petitioners, in connection with Barbigha P.S. Case No. 10/2012, pending in the court of learned Chief Judicial Magistrate, Sheikhpura, is hereby, refused with a liberty to renew their prayer before the court below itself after Patna High Court Cr.Misc. No.17051 of 2012 (3) dt.19-06-2012 2 / 2 2 examination of the victim during trial, who may preferably be the first prosecution witness. Simultaneously, the trial court is directed to proceed expeditiously with the trial and avoid undue delay and adjournments. 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.