Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5632 of 2011 ====================================================== 1. Sanjay Singh @ Guddu Singh , son of Jagdish Singh 2. Vikash Singh alias Vikash Kumar Singh, son of Ram Chandra Singh, both residents of Village- Dullipatti, P.S. Jainagar, District- Madhubani .... .... Petitioner/s Versus 1. The State Of Bihar 2. Hira Devi, wife of late Dharamdeo Chaudhary, resident of Village- Dullipatti, P.S. Jainagar, District- Madhubani. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Nirmal Kumar Sinha, No.3,Advocate. For the Opposite Party/s : Mr. Shyam Biahri Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 29-03-2012 Heard learned counsel for the petitioners and learned counsel for the State. This application has been filed for quashing the order dated 4.2.2009 passed by the learned Chief judicial Magistrate, Madhubani in G.R. Case No.1564 of 2003 by which he has taken cognizance against the petitioners under [STATUTE] . Learned counsel for the petitioner submits that this case has been lodged after one month and four days of the alleged occurrence and witnesses have not supported the case of the prosecution. It appears form the record that the prosecutrix has supported the case. Patna High Court Cr.Misc. No.5632 of 2011 (2) dt.29-03-2012 2 / 2 2 I do not find any error in the impugned order. This application is accordingly dismissed. However, the petitioners will be at liberty to raise all the points before the trial court at the appropriate stage. Vinay/- (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.