Case Facts:
Patna High Court CR. WJC No.606 of 2011 (4) dt.09-10-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.606 of 2011 ====================================================== Yasmin, D/O Md. Eliyas, Resident of Village-Balha, P.S. and District- Supaul. .... .... Petitioner Versus 1. The State of Bihar through the Chief Secretary, Old Secretariat, Bihar, Patna. 2. The Director General of Police, Bihar, Patna. 3. The Regional Inspector General of Police, Darbhanga. 4. The Deputy Inspector General, Police Koshi Range, Saharsa. 5. The Superintendent of Police, Supaul. 6. The Deputy Superintendent of Police, Supaul. 7. The Officer In Charge, Police Station Supaul, District -Supaul. 8. Md. Parwez @ Esrafil, S/O Md. Esrayal, Resident of Village- Balha, P.S. and District- Supaul. ... .... Respondents ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 4 09-10-2012 Heard learned counsel for the petitioner and the State. The petitioner has filed the present writ petition under Articles 226 & 227 of the Constitution of India for directing the respondents to take appropriate steps with regard to arrest of respondent no. 8, who is absconding in connection with Supaul P.S. Case No. 112 of 2007, dated 19.5.2007 registered under [STATUTE] . The petitioner had initially filed a complaint case in the court of the learned Chief Judicial Magistrate, Supaul, stating Patna High Court CR. WJC No.606 of 2011 (4) dt.09-10-2012 therein that respondent no. 8 Md. Parwez @ Esrafil entered into her house and in absence of her parents ravished her on the point of knife. He repeated the occurrence next night and morning. He brought her Supaul on the pretext of marrying her in the court but abandoned her there and ultimately she returned home and narrated the occurrence to her parents. A panchayati was held in which respondent no. 8 confessed his guilt and agreed to marry her but his parents did not agree and abused them. A counter affidavit has been filed on behalf of the State in which it has been stated that pursuant to investigation of the case charge sheet has already been submitted under [STATUTE] against three persons including respondent no. 8 who has been shown as an absconder. Learned counsel appearing on behalf of the State referring to the counter affidavit submits that the police has effectively carried out the process of attachment against respondent no. 8 and exhausted other processes as well for compelling his appearance in the court. He submits that there is no truth behind the allegation that the police is protecting him or not arresting him deliberately rather, the police has taken all steps for arresting him, but, he is absconding even after execution of the process of the attachment. Patna High Court CR. WJC No.606 of 2011 (4) dt.09-10-2012 It has also been contended that the police regularly carries out raid and special drive to arrest the absconders and the accused against whom, warrants are to be executed. Under the circumstances, in my view, since the police is already taking steps to apprehend respondent no. 8 and produce him in court, no direction is required to be passed by this Court. However, it is expected that the investigating agency would sincerely take all steps in accordance with law to locate the absconding accused and produce him in court. With this observation, the writ petition is disposed of. Sanjeet/- (Ashwani Kumar Singh, 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.