SHAMBHU PRASAD @ SHAMBHU LAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has challenged the order, dated 20.9.2008 passed by the Chief Judicial Magistrate, Nawadah, whereby he remanded him to judicial custody in Rajauli P.S. Case No. 86 df 2008, arising out of Complaint Case No. 485 of 2008, registered under Section 376 of the Penal Code and Section 3(x) of the SC/ST Act.

(2.) The Respondent No. 9, one Mamta Devi initially filed a complaint on 15.5.2008, before the Chief Judicial Magistrate, Nawadah, bearing Complaint Case No. 485 of 2008, which was referred to the police under Section 156(3) Cr.P.C, for institution of regular F.I.R. and investigation.

(3.) The informant in her complaint stated that on 11.5.2008, at about 10 A.M., she had come to Rajauli Bus Stand for going to Nawadah. In the meanwhile, the petitioner who is resident of Laund, P.S.-Sirdala, District Nawadah and was riding a motorcycle, came near her and enquired as to where she was going. On coming to know that she too was going to Nawadah, he offered her lift on his bike. As she knew the petitioner Shambhu Prasad from before, she agreed to his offer to come on his motorcycle.