Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26800 of 2012 ====================================================== Upendra Kumar, Son of Ruplal Prasad Yadav. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 3 24-09-2012 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. The petitioner, who is languishing in custody, seeks bail in a case registered under [STATUTE] and 3(X) of Scheduled Castes and Scheduled Tribes Act, is solitary named accused in this case with allegation of taking away the victim and committing rape upon her. Submission is of false implication due to enmity between the parties and the doctor finding no supporting symptoms. Having regard to the facts and circumstances of the case and specific and direct allegation, for the present, prayer for regular bail of the above named petitioner in connection with Atri P.S. Case No. 13 of 2012 pending in the court of learned Chief Judicial Magistrate, Gaya, is hereby, refused. Simultaneously, court below is directed to proceed expeditiously with the trial and avoid undue delay and adjournments. Further, the petitioner, if so wishes, is at liberty to renew his prayer before the trial court itself after examination of the victim, who may preferably be the first prosecution witness. Praveen-II/- (Akhilesh Chandra, J)

Applicable IPC Section: 354

Statute Text:
Section 354 of the Indian Penal Code. Assault or use of criminal force to woman with intent to outrage her modesty. Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will there by outrage her modesty, shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to five years, and shall also be liable to fine.