Section 376 & 506

Details are incomplete.  She filed Section 125 against whom-her husband?  She filed rape case against whom- her brother-in-law? I answer your bail question with the little information you gave.

1.  If sessions court deny bail, the accused can file bail application in High Court.

2.  After waiting for some time, with new grounds, he can again file bail application before the Sessions Court.

3.  What medical report of the prosecutrix is saying?

4.  Whether charge sheet was filed or not?  If charge sheet was filed and medical report does not susbstantiate the rape charge - there is bright prospect of his getting bail.  Before charge sheet filing, generally, accused in rape cases will not get bail.

5.  What is the defence of accused?  Whether he takes the defence of consensual intercourse or he is denying the intercourse itself?  Not clear in your querry. It is important in deciding the bail matter. 

Thanx hema for ur valuable help. Futher i m mentioned other details required by you. 

- She filed the case U/s 125 against her brother in law.

- Medical examination was done and medical repost is clear that no rape is done.

- Charge sheet is not filed as yet as the accused is arrested on 27th April.

- He is denying for consensual intercourse as he said he had no physical relation with that lady.

I also want to know what are the changes of getting bail in session court as its already rejected one time.

Plz help

If the medical report clearly indicates the absence of rape, you move high court along with medical report and also a copy of the S.125 order - indicates her malafide intentions to extract money from her brother-in-law - and also the supporting documents showing his physical disability to commit the crime of rape.  If the facts mentioned in your posts are true, It is also  a fit case  for approaching the High Court for quashing the FIR under Section 482 Cr.P.C.

She made the allegation that the rape was committed on her from last 20 yrs. and the rape was commited in 2011 last tym. Further she made the clarification that as the rape committed in 2011, the medical report doesn'e support rape charge.

Our first motto is to the bail as the person is medically weak.

Plz suggest

If it was rape from last 20 years than why she did not cried from so long, do't spare her being telling lie , file a // suit u/s 211 IPC for false criminal proceeding, you will be acquitted later or sooner but she will behind the bars for same tenure.