SUNITA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Leave granted.

(2.) Protection to the respondent No.2-Anuj Kumar under Section 438 of the Code of Criminal Procedure, 1973 (in short the Code) is assailed by the appellant.

(3.) A brief reference to the factual aspects would suffice. On 13-2-2002 the appellant (hereinafter referred to as the informant) lodged a written complaint before the officer-in-charge, Sirdala P.S. Nawadah that on 13-2-2002 at about 10.00 p.m. respondent No. 2 Anju Kumar, headman on Londh Panchayat armed with revolver, Anil Kumar armed with lathi, Sunil Kumar armed with lathi and others armed with weapons entered into her house and the said Anuj Kumar demanded Rs.1000/- from her elder brother Suresh Vishwakarma. When Suresh Vishwakarma refused to give the same showing his inability to arrange such a huge amount, Anuj Kumar assaulted him by the butt of revolver on his head and below his eye. When the informant came for his rescue, she too was assaulted by fists and legs and the said Anuj Kumar demonstrating the revolver said that since her brother has not given the money, therefore outraged the modesty of his sister in the presence of all. Saying this, the headman Anuj Kumar pulled the informant-Sunita Devi, put her on the ground and lifting her petticoat and saree lied down on her and attempted to commit rape on her. Further, when seeing the entire incident the informants sister Usha Devi came to rescue her, Anil Kumar hit her on her left thumb and legs with lathi. Thereafter, Anil and Sunil assaulted the sons of her brother Suresh Vishwakarma, namely Amarjit and Sujit and her mother with lathi on their faces. Then the informants family started crying and hearing this the villagers namely Chhotey Lal Pandit, Puran Singh and others came and have seen the incident. However, because of the fear of revolver they could not apprehend accused persons. The accused Anuj Kumar thereafter fired thrice in the air from his revolver and exhorted his men to loot the shop of Suresh Vishwakarma and then all of them looted the articles worth Rs.10,000/- from his shop which included watches, radio, loudspeakers etc.