Case Facts:
Patna High Court Cr.Misc. No.2498 of 2011 (2) dt.27-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2498 of 2011 ====================================================== Naaz Parveen daughter of Ehshan Ahmad, resident of village-Jhirwa, P.S.- Uchakagaon, District-Gopalganj. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vijay Bardhan Pandey & Rajeev Kumar For the Opposite Party/s : Mr. Dr. Mayanand Jha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 27-02-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is aggrieved that the cognizance has not been taken under [STATUTE] . According to the petitioner, the narration of facts shows that the accused persons have committed rape on the petitioner. Learned counsel for the State has pointed out that there is no such averment in the written complaint made by the complainant. In this view of the matter, this Court does not find any error in the order dated 28.9.2010 by which the court below has taken cognizance under Section 354/34. This petition is, accordingly, dismissed. However, if evidences will come before the court below, it will pass an order in accordance with law. Mahesh/- (Shivaji Pandey, 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.