Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.595 of 2011 ====================================================== Shaheen Perween D/O Md. Kutubuddin, R/O Village-Jitwarpur, P.S. Mufassil, Distt-Samastipur .... .... Petitioner/s Versus 1. The State Of Bihar 2. Inspector General, Darbhanga. 3. Deputy Inspector General, Darbhanga. 4. The Superintendent of Police, Samastipur. 5. Officer Incharge, Mufassil, Samastipur. 6. Md. Naiyer @ Nawab, S/O Jajil Hassan. 7. Md. Kale S/O Md. Yusuf both residents of Village-Titwarpur chowk, P.S. Mufassil, Distt- Samastipur. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Satya Nand Shukla, Adv. For the Respondent/s : AC to AAG-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 4 08-05-2012 Heard learned counsel for the petitioner and learned AC to AAG-2. Petitioner happens to be victim on account of being raped at the hands of accused so alleged in her written statement leading to institution of Town (Mufassil) P.S. Case No. 242/2011 has approached this Court seeking the relief by way of arrest of accused, directing the investigating officer to investigate the case in impartial manner, along with other ancillary events visualizing there from. By filing counter affidavit, it has been submitted on behalf of State that charge-sheet has already been submitted Patna High Court CR. WJC No.595 of 2011 (4) dt.08-05-2012 2 against the accused persons. Petitioner has a grievance that during course of investigation followed with submission of police report, the police had knowingly and intentionally withheld [STATUTE] although there happens to be consisting evidence on this score. Be that as it may, as the charge-sheet has already been submitted therefore, instant petition has become infructuous and is accordingly, held so. However, it will be open for the petitioner to appear before Chief Judicial Magistrate, Samastipur and raise her grievance who will decide the matter in accordance with law. perwez./- (Aditya Kumar Trivedi, 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.