Case Facts:
Patna High Court Cr.Misc. No.11328 of 2010 (6) dt.01-11-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.11328 of 2010 ====================================================== 1. Manoj Paswan son of Nathan Paswan, resident of Village-Surmaha, Kamhara Tola, P.O.-Patarghat, P.S.-Saurbazar, District-Saharsa. 2. N.D. Nirala at present O.P. Incharge Parasat O.P., Police Station- Saurbazar, District-Saharsa. .... .... Petitioners Versus 1. The State Of Bihar. 2. Lalday Devi son of Shyam Sundar Sharma, resident of Village- Surmaha Kishanpur, Kamhara Tola, P.O.-Patarghat, P.S.- Saurbazar, District-Saharsa. .... .... Opposite Parties ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 6 01-11-2012 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. This application under Section 482 of the Code of Criminal Procedure is to quash the order dated 18.12.2009 passed in Complaint Case No. 411-C of 2008 by the court of Sub Divisional Judicial Magistrate, Saharsa, whereby the learned Sub Divisional Judicial Magistrate summoned the accused-petitioners, on enquiry, finding prima facie case under [STATUTE] . On perusal of the impugned order, I find no any illegality amounting to abuse of the process of the Court. Accordingly, this application is dismissed. However, the petitioners would be at liberty to raise all defence as raised herein Patna High Court Cr.Misc. No.11328 of 2010 (6) dt.01-11-2012 at appropriate stage in trial court. Safik/- (Rajendra Kumar Mishra, 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.