Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.7692 of 2012 ====================================================== Sadanand Rishideo, Son of Sri Bhagwat Rishideo. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 5 27-09-2012 Perused the report received from the trial court. 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 getting the minor daughter of the informant kidnapped, who on recovery appears stating the miseries faced by her during the period of kidnapping and detention including sexual assault. The trial has already commenced on 07.04.2011, but as is evident there is no progress. However, taking into consideration the specific accusation, for the present, prayer for regular bail of the above named petitioner in connection with Sessions Trial No. 55 of 2011 arising out of Singheshwar P.S. Case No. 104 of 2010 pending in the court of learned Fast Track Court No. - II, Madhepura, is hereby, refused. Simultaneously, trial court is directed to proceed expeditiously with the trial and avoid undue delay and adjournments. Further, the petitioner, if so wishes, is at liberty to renew the prayer before the trial court itself after examination of the victim, who may preferably be the first prosecution witness, if till now, not examined. Let this order be communicated to the court aforementioned through FAX at the cost of the petitioner. 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.