Case Facts:
Patna High Court CR. WJC No.1084 of 2011 (2) dt.17-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.1084 of 2011 ====================================================== Pappu Tiwari @ Randhir Tiwari .... .... Petitioner Versus The State Of Bihar & Ors .... .... Respondents ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 17-08-2012 The petitioner Pappu Tiwary @ Randhir Tiwary together with eight others have been made accused in Akbarpur P.S.Case No.173 of 2011 dated 01.09.2011 registered for the offence under [STATUTE] . The daughter of the informant who is the victim of the case was subsequently recovered in course of investigation and produced before the Magistrate for recording her statement under Section 164 of the Code of Criminal Procedure. In her statement, she has supported the prosecution case. The prayer made in the writ petition is to quash the aforesaid FIR instituted against the petitioner and eight others. In my view, the writ petition is nothing but an abuse of the process of the court. The prayer made is totally misconceived. The FIR discloses the commission of a serious cognizable offence. The writ petition being devoid of any merit, is dismissed. B.Kr./- (Ashwani Kumar Singh, 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.