Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1947 of 2009 ====================================================== Sanjay Sah @ Sanjay Sagar, S/o Raj Kumar Sah @ Raj Kumar Gupta, Resident of Village Mohini Mandal, P.S. Mejarganj, Dist. Sitamarhi. .... .... Petitioner Versus 1. The State of Bihar. 2. The Director General of Police, Bihar, Patna. 3. The Director Prosecution, Bihar, Patna. 4. The District Magistrate, Muzaffarpur. 5. The Superintendent of Police, Muzaffarpur. 6. The Dy. S. P. Town, Muzaffarpur. 7. The Officer-in-Charge, Ahiyapur P.S., Muzffarpur. 8. Mahendra Thakur, S.I. & Investigation Officer. .... .... Respondents ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 3 01-08-2012 No one appears on behalf of the petitioner. Mr. Tej Bahadur Singh, learned AAG-7, is present on behalf of the State. Having regard to the disputed question of fact and specially when there are sufficient materials to show in the counter affidavit that the arrest of the petitioner was in view of his being made accused in a substantive criminal case under [STATUTE] and his arrest was made in compliance of the order of the Chief Judicial Magistrate, this Court is not inclined to interfere in the matter specially when the issue of compensation for the alleged unlawful detention is capable of being adjudicated in an appropriate proceeding to be instituted by the petitioner before the competent civil court. That being so, this application is disposed of with a Patna High Court CWJC No.1947 of 2009 (3) dt.01-08-2012 2 liberty to the petitioner to institute an appropriate proceeding before the competent civil court for giving compensation in the light of the observations made by the trial court. With the aforementioned observations and liberty, this application is disposed of. Rishi/- (Mihir Kumar Jha, 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.