Case Facts:
Patna High Court Cr.Misc. No.33096 of 2012 (3) dt.11-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33096 of 2012 ====================================================== Jitendra Yadav, son of Late Charitar Yadav @ Ram Charitar Yadav, Resident of village- Korchakka, P.S. Bihpur, in the District of Bhagalpur. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 3 11-12-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner has been arrested in connection with Bihpur P.S. Case No. 78 of 2012 registered under [STATUTE] . It is alleged that petitioner forcibly committed rape on the daughter of the informant. It is alleged that the informant on the hulla raised by the daughter rushed to place of occurrence and saw that Jitendra Yadav fled from there and also saw that blood oozing out from the part of the daughter. The witnesses have supported the prosecution case. Learned counsel for the petitioner submits that statement of the victim has not been recorded and medical evidence does not support the prosecution case. However, the medical report suggests that no swelling of labia majora, no swelling from vaginal orifice. Dry blood stained found was present in the perineum. Multiple lacerated linear Patna High Court Cr.Misc. No.33096 of 2012 (3) dt.11-12-2012 wound was present around anus. One wound (lacerated) measuring 1/4" x 8” skin deep. Further it has been opined that after all examination and observation, it is difficult to say whether rape has been committed or not. The victim is below 5-6 years old. Having regard to the facts and circumstances of the case, I am not inclined to grant bail to this petitioner at this stage. However, the petitioner may renew his prayer for bail after framing of the charge. 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.