Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22699 of 2012 ====================================================== Md. Shakir, son of Ansur @ Md. Ansur, resident of village Khairuganj, P.S. & Distt. Araria. .... .... Petitioner/s Versus 1. The State of Bihar 2. Soinoor Khatoon, daughter of Md. Hamid, residence of village Khairuganj, P.S. & Distt. Araria. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anil Prasad Singh, Adv. For the State : Mr. Akbar Ali, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2. 10-09-2012 Heard learned counsel for the Petitioner and the State. The Petitioner seeks quashing of the order dated 11.5.2012 passed in Sessions Trial No. 768 of 2009 arising out of Araria P.S. Case No. 178 of 2008 by the Additional Sessions Judge (F.T.C. No. 1), Araria, by which he has refused to discharge the Petitioner. It has been submitted that from the facts of the First Information Report, no offence under [STATUTE] is made out and hence he should have been discharged under the said Section. Since even if charge under [STATUTE] is framed, no prejudice would be caused to the Petitioner, I am not inclined to interfere in the matter. The application 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.