IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1692 of 2011 VICKY KUMAR SAH @ BIPIN SAH AND ANR. Versus THE STATE OF BIHAR ----------- 3 18.04.2011 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners are named in the FIR with allegation that they along with other co-accused committed gang rape upon a mentally retarded lady and they were caught on the spot by Chawkidar and other villagers. The contention of learned counsel for the petitioners is that as per prosecution case itself the petitioners were caught at the spot, but admittedly, no medical examination of the petitioners has been done, so, at best, it is a case of Section 354 of the I.P.C. It is further contended by him that according to prosecution case, the victim lady was mentally retarded lady and her statement was not recorded rather she was handed over by the police to her brother-in-law and, therefore, except the statement of informant as well as some other persons, there is nothing against the petitioners. Learned Additional Public Prosecutor points out that some injuries were found on the person of the 2 victim lady when she was medically examined and the aforesaid injury suggests that she was subjected to rape. Taking into consideration the above stated facts and circumstances as well as submissions of the parties I do not feel it proper to release the petitioners on bail. Accordingly, their prayer for bail in connection with Barauni P.S. Case No.259 of 2010 stands rejected. PN ( Hemant Kumar Srivastava,J.)