Case Facts:
Patna High Court Cr.Misc. No.24680 of 2012 (3) dt.11-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24680 of 2012 ========================================= Bhikhari Yadav, son of Late Sudarshan Yadav .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ========================================= CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 3 11-09-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application has been filed for the grant of regular bail to the petitioner who has been made an accused in connection with Thakraha (Bhitaha) P.S. Case No. 138/2011 pending before Additional Chief Judicial Magistrate, Bagaha, West Champaran, for the offences punishable under [STATUTE] . The petitioner is one of the named accused in this case of house trespass in night and gang rape upon the informant a lady whose husband was residing outside in connection with his livelihood. Submission is of false implication and continued relationship since before and the report of the court below, it appears that trial is yet to be commenced. Taking into consideration the facts and circumstances of the case, for the present, prayer of regular bail of the petitioner is hereby rejected. Simultaneously, court below is directed to proceed expeditiously and avoid undue delay and adjournment. Further, petitioner is at liberty, if so wishes, to renew his prayer before the trial court itself after examination of the informant (victim). Rajeev/- (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.