Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24428 of 2012 ====================================================== Md. Mohsin, Son of Late Manzoor Alam. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 4 10-10-2012 Perused the report received from the trial court. Learned counsel for the petitioner is permitted to make necessary correction in paragraph - 1 and prayer portion of the original application in the light of report received during the course of the day. 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, 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 informant. On perusal of the report, it appears that case has already been committed and trial is about to commence. Having regard to the facts and circumstances of the case, for the present, prayer for regular bail of the above named petitioner in connection with Bausi (Raniganj) P.S. Case No. 02 of 2012 corresponding to Sessions Trial No. 979 of 2012 pending in the court of learned Adhoc Additional Sessions Judge, Fast Track Court – 4th, Araria, is hereby, refused. Simultaneously, trial court is directed to proceed expeditiously with the trial and avoid undue Patna High Court Cr.Misc. No.24428 of 2012 (4) dt.10-10-2012 2 delay and adjournments. Further, the petitioner, if so wishes, is at liberty to renew his prayer before the trial court itself after examination of the prosecutrix, who may preferably be the first prosecution witness. 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.