Case Facts:
Patna High Court Cr.Misc. No.38437 of 2012 (3) dt.29-11-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38437 of 2012 ====================================================== 1. Md. Khurshid S/O Mahiruddin .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 3 29-11-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 28.01.2012 in a case registered under [STATUTE] . There is specific allegation of rape against the petitioner but submission on behalf of the petitioner is that the story, as propounded by the prosecutrix, is absurd and no prudent man will believe on the above stated story. Learned counsel for the petitioner further submits that in course of investigation, the statement of son of prosecutrix was recorded and the aforesaid witness admitted that at the time of the alleged occurrence, he was sleeping along with prosecutrix and the aforesaid fact clearly suggests that no such occurrence, as alleged by the prosecutrix, did ever take place. It is further contended by him that prosecutrix was medically examined on the very next day of the alleged Patna High Court Cr.Misc. No.38437 of 2012 (3) dt.29-11-2012 occurrence but no sign of rape was found on her except some injuries which were found simple in nature. Regard being had to the facts and circumstances of the case as well as submissions of the parties, I am not inclined to release the petitioner on bail and accordingly, his prayer for bail in connection with Sessions Trial No. 547 of 2012 arising out of Sikty P.S. Case No. 59 of 2010 pending in the court of Additional Sessions Judge, Fast Track Court-IV, Araria is, hereby, rejected. However, learned trial court is directed to conclude the trial of the petitioner as early as possible. SHAHZAD/- (Hemant Kumar Srivastava, 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.