Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30443 of 2009 ===================================================== 1. Tribhuwan Singh, son of Tapeshwar Singh. 2. Ajay Singh, son of Tribhuwan Singh. 3. Ram Prasad Singh, son of Tapeshwar Singh. 4. Santosh Singh, son of Ram Bhuwan Singh. 5. Chulbul Singh, son of Tribhuwan Singh. 6. Binod Singh alias Binod Kumar Singh, son of Tribhuwan Singh. 7. Raja Ram Singh, son of Ram Bhuwan Singh. All residents of village-Hansrajpur, P.S. Ekma, District-Saran. .... .... Petitioners. Versus The State of Bihar .... .... Opposite Party. ===================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER --------------- 3 30-04-2012 Heard learned counsel for the petitioners and the learned A.P.P. for the State. This application, under Section 482 of the Code of Criminal Procedure, is to quash the order dated 6.7.2009 passed in Sessions Trial No.49 of 2005 by the court of Additional Sessions Judge-VIII, Chapra, rejecting the petition dated 15.6.2009 filed on behalf of the petitioners under Section 228 of the Code of Criminal Procedure to remit the records to the court of the Chief Judicial Magistrate, Chapra, for disposal as the offence under [STATUTE] is not made out against them whereas the other offences are triable by the Magistrate. I find no illegality in the impugned order dated 6.7.2009 passed in Sessions Trial No.49 of 2005 by the court of Additional Patna High Court Cr.Misc. No.30443 of 2009 (3) dt.30-04-2012 2 / 2 2 Sessions Judge-VIII, Chapra, amounting to abuse of the process of the court. Accordingly, this application stands dismissed. P.S./- (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.