Case Facts:
Patna High Court Cr.Misc. No.20824 of 2012 (4) dt.11-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20824 of 2012 ========================================= Amit Kumar, son of Madan Sharma .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ========================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 4 11-09-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Supplementary affidavit has been filed on behalf of the petitioner. Learned counsel for the petitioner is permitted to make necessary correction in the prayer portion during course of the day. This application has been filed for the grant of regular bail to the petitioner who has been made an accused in connection with S.T. No. 869/2012 arising out of Jagdishpur P.S. Case No. 15/2012 pending before learned Sessions Judge, F.T.C. – II, Bhagalpur, for the offences punishable under [STATUTE] . The petitioner is one of the named accused in this case with allegation of committing rape upon the informant. Submission is of false implication and continued soft relationship etc. as is evident from supplementary affidavit. Trial is about to commence. Having regard to the facts and circumstances of the case, for the present, prayer of regular bail of the petitioner is hereby refused. Simultaneously, court below is directed to proceed expeditiously and avoid undue delay and adjournment. Further, petitioner is at liberty to renew his prayer, if so wishes, before the trial court itself after examination of the informant/victim who may preferably be first prosecution witness. 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.