Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37798 of 2011 Sumant Kumar, S/O-Ramnaresh Rai Versus The State Of Bihar ---------------------------------- with Criminal Miscellaneous No.40219 of 2011 Vinay Rai, S/O-Rajbansi Rai Versus The State Of Bihar ---------------------------------- 03 04.01.2012 Both the above stated petitions arise out of Jadopur P.S. Case No. 43 of 2011 registered under [STATUTE] and accordingly, both the above stated petitions are being disposed of by this common order. Petitioners are named in the first information report with charges of committing gang rape on the informant. Learned counsel for the petitioners submits that in course of investigation the victim has stated that it was co- accused Mantu who committed rape on her and she has not even whispered against the petitioners. It is also submitted by him that case has already been compromised between the parties and petitioners are none else than own agnate of the victim girl. 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 petitioners on bail. Accordingly, their prayer for bail in connection with Jadopur P.S. Case No. 43 of 2011 pending in the court of Chief Judicial Magistrate, 2 Gopalganj is, hereby, rejected. However, learned Chief Judicial Magistrate, Gopalganj should commit the case of the petitioners to the court of Sessions 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.