Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10171 of 2012 ====================================================== Sanjay Paswan, Son of Sri Balak Paswan. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 4 24-04-2012 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 seeks bail in a case registered under [STATUTE] . The petitioner, who is in custody since 29.06.2011, is solitary named accused in this case with allegation of committing rape upon dumb daughter of the informant, taking undue advantage of her sitting alone at the door and take away to different place, where he was caught raid handed. As submitted, the trial has already been commenced. Having regard to the facts and circumstances of the case, for the present, I am not inclined to enlarge the petitioner on bail. Accordingly, prayer for regular bail of the above named petitioner, in connection with Sessions Trial No. 378 of 2011 arising out of Vaishali (Bailsar O.P.) P.S. Case No. 151 of 2011, pending in the court of learned Additional Sessions Judge - IInd, Vaishali at Hajipur, is hereby, Patna High Court Cr.Misc. No.10171 of 2012 (4) dt.24-04-2012 2 / 2 2 refused. Simultaneously, the trial court is directed to proceed expeditiously with the trial and avoid undue delay and adjournments. Praveen-II/- (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.