Case Facts:
Patna High Court Cr.Misc. No.14454 of 2012 (4) dt.07-05-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 14454 of 2012 ====================================================== Md. Arshad Azad @ Sajjad .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 4 07-05-2012 Heard learned counsel for the petitioner and learned counsel for the State. This is a petition for regular bail for the offence under [STATUTE] and Section 3(1)(X) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act. There is specific allegation of rape by the petitioner as the informant, while plucking leaf for the purpose of preparing “Pattals”, accused persons came and shut her mouth by Gamchha and after that the accused persons committed rape. A supplementary affidavit has been filed mentioning the statement of the witnesses. The complainant supported the prosecution case and the witnesses corroborated that on Hulla they reached there and the accused persons fled away. Learned counsel for the petitioner further submits that Patna High Court Cr.Misc. No.14454 of 2012 (4) dt.07-05-2012 there is no medical report attached on the complaint petition and hence there is no corroborating material regarding the rape by the petitioner. Be that as it may, having regard to the fact that the complainant has supported the prosecution case and witnesses have supported and corroborated the prosecution case during enquiry under Section 202 Cr. P. C, I am not inclined to grant bail to the petitioner at this stage. Accordingly, the prayer for bail is rejected. Kundan/- (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.