Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20909 of 2012 ====================================================== Kailash Ravidas, Son of Mishri Ravidas. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 2 02-07-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner, who is languishing in custody, seeks bail in a case registered under [STATUTE] , is solitary named accused in this case with allegation of committing rape upon the minor daughter of the informant finding her alone in the house. Submission is of false implication without any corroborating evidence, but the statement of the victim recorded under Sections 161 & 164 of the Code of Criminal Procedure both indicates much against the petitioner. 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 Asthawan P.S. Case No. 12 of 2012, pending in the court of learned Chief Judicial Magistrate, Nalanda at Bihar Sharif, is hereby, refused. Simultaneously, petitioner is at liberty to renew his prayer before the court below itself after examination of the victim, who may preferably be the first prosecution witness during trial. 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.