Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.11929 of 2012 ====================================================== 1. Md. Musafir 2. Anwari Khatoon 3. Suhail Ahamad 4. Tufail Ahmad @ Tufeil .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 09-04-2012 Petitioners are apprehending their arrest in a case registered for the offences punishable under [STATUTE] . Accusation is of kidnapping minor daughter of the informant and establishing forceful physical relationship. It is submitted by learned counsel for the petitioners that in the medical examination the victim was found major and she performed marriage with Zubair Ahmad. Though in 164 Cr.P.C. statement the victim has supported the accusation, but it appears that Zubair Ahmad has been granted regular bail by this Court vide Cr. Misc. No. 1537 of 2012. I see no reason for learned Court below not to give the same privilege to the petitioners, if the petitioners surrender before learned Court below within a period of six Patna High Court Cr.Misc. No.11929 of 2012 (2) dt.09-04-2012 2 / 2 2 weeks in connection with Jamalpur P.S. Case No. 54 of 2011, pending in the Court of learned S.D.J.M., Biraul at Benipur, Darbhanga. With the observations above, the application stands disposed off. Let the order of this Court be transmitted through FAX to the learned Court below at the cost of the petitioners. Shageer/- (Dinesh 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.