Case Facts:
Patna High Court Cr.Misc. No.32359 of 2012 (2) dt.18-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32359 of 2012 ========================================== Shashi Kumar Singh, son of Baliram Singh .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ======================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 2 18-09-2012 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 S.Tr. No. 406/2012 arising out of Manihari P.S. Case No. 12/2009 pending before Learned Ad hoc A.D.J. – V, Katihar, for the offences punishable under [STATUTE] . The petitioner is one of the named accused in this case of gang rape instituted on the basis of Complaint Case No. 3925/2008. Submission is of false implication and police after investigation submitted final form but not only taking a different view cognizance has been taken but the case has already committed and ready to proceed. Having regard to the facts and circumstances of the case, 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 to renew his prayer before trial court itself, if so wishes, after examination of the complainant informant (victim) who may preferably be first prosecution witness. 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.