Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42436 of 2009 ====================================================== 1. Raj Narayan Sharma Son of Kuldip Sharma. 2. Umesh Sharma Son of Parmeshwar Sharma Both are resident of village Pir Ali Chakla, P.S. – Banmankhi, District – Purnea. .... .... Petitioners Versus 1. The State Of Bihar. 2. Mila Devi Wife of Bishan Sharma, Resident of Village Pir Ali Chakla, P.S. Banmankhi, District Purnea. .... .... Opposite Parties ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2 19-03-2012 Heard Sri Bhola Prasad, learned counsel for the petitioners and Dr. Maya Nand Jha, learned Additional Public Prosecutor. Two petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of an order passed by Revisional Court i.e. the learned Additional Sessions Judge, Fast Track Court No. III, Purnea, in Criminal Revision No. 250 of 2007 / Tr. No. 23 of 2008, whereby, the learned Additional Sessions Judge had rejected the revision petition which was preferred against the order of cognizance dated 23.05.2007 passed by the learned Chief Judicial Magistrate, Purnea, in Complaint Case No. 2282 of 2005. The learned Magistrate had taken cognizance of offence under [STATUTE] . Patna High Court Cr.Misc. No.42436 of 2009 (2) dt.19-03-2012 2 / 2 2 Learned counsel for the petitioners submits that initially an F.I.R. was lodged and during investigation accusation was found un-true, and as such, final report was submitted by the Police exonerating the petitioners, and thereafter, protest petition was filed, which was treated as complaint and after conducting enquiry the learned Magistrate has passed the impugned order which has been approved by the Revisional Court. Be that as it may, it would not be appropriate for this court to interfere with the impugned order at this stage. However, the petitioners are at liberty to raise all the points which have been raised in the present petition or any other point(s), if available, at appropriate stage. The petition stands disposed of. Praful/- (Rakesh Kumar, 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.