Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13208 of 2012 ====================================================== Durga Kumar S/O Kishori Lal Ram Resident Of Village+P.S.- Karai Parsurai, District- Nalanda, Presently Residing At Room No.-6, Bishgharwa, R.M.S. Colony, Kankarbagh, P.S.- Kankarbagh, District- Patna .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 2 18-04-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner is facing trial for the offences under [STATUTE] (in Kankerbagh P.S. Case no. 38 of 2011; S.T. no.750 of 2011). Trial has already been commenced and two witnesses have been examined. Submission is that there is vivid information about death of the informant- victim. Trial court may do all needful to either get her examined, if alive, or get confirmed report about her death, if so happened. Thereafter, pass reasonable order in trial. For the present, prayer is refused. Simultaneously, trial court (Additional District Judge, IVth, Patna) is directed to do all the needful expeditiously and avoid any unnecessary adjournments. A.Ahmad/- (Akhilesh Chandra, 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.