Case Facts:
Patna High Court Cr.Misc. No.21526 of 2012 (3) dt.27-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 21526 of 2012 ====================================================== Iftakhar .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 3 27-07-2012 Heard learned counsel for the petitioner and learned counsel for the State. This is a petition for grant of regular bail in a case under [STATUTE] . The allegation against the petitioner is of rape upon the victim. Learned counsel for the petitioner submits that the witnesses have stated that the petitioner was in visiting term. It is further submitted that there was intimacy between the petitioner and the victim and hence it is presumed that the victim is a consenting party. It cannot be presumed their consent because their relations of friendship were intimidated. Hence, having regard to the allegation, I am not inclined to grant bail to the petitioner at this stage. Accordingly, prayer for bail of the petitioner is rejected. However, the petitioner may renew his prayer for bail after framing of charge. Kundan/- (Gopal Prasad, J.)

Applicable IPC Section: 323

Statute Text:
Section 323 of the Indian Penal Code. Voluntarily causing hurt. Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.