Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8460 of 2012 ====================================================== Ganesh Kumar Choudhary S/O Mahadev Choudhary Resident of- Gerabadi, P.S. - Kodha, District- Katihar. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Saket Tiwary, Adv. For the State : Mr. Sanjay Kumar Tiwary No. I, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2. 09-07-2012 Heard learned counsel for the petitioner and the State. The petitioner seeks quashing of the order dated 22.9.2011 passed by the Chief Judicial Magistrate, Katihar, in connection with Kodha P.S. Case No. 76 of 2011 by which he has taken cognizance under [STATUTE] and Section 3(i)(xii) of the Scheduled Caste Scheduled Tribe (Prevention of Atrocities Act). It has been submitted on behalf of the Petitioner that initial Complaint was dismissed whereafter the present First Information Report has been filed suppressing this fact and, therefore, there is no justification for continuance of the prosecution. However, I find from the impugned order that Patna High Court Cr.Misc. No.8460 of 2012 (2) dt.09-07-2012 2 / 2 2 materials warranted cognizance and, therefore, finding no merit in the application, the same is dismissed. S.Ali (Anjana Prakash, 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.