SIYARAM ROY Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Shri Pramod Kumar Singh, learned counsel for the petitioners and Shri Damodar Prasad Tiwary, learned counsel for the State. There is no representation on behalf of learned counsel for the opposite party no. 2 to press this application.

(2.) THIS is an application under Section 482 of the Code of Criminal Procedure seeking quashing of order dated 17.8.2006 passed in Sessions Trial No. 635/ 2005 by Additional Sessions Judge, Rosera, Samastipur seeking their discharge for the offences under Sections 347, 504, 506 and 376/34 of the Indian Penal Code.

(3.) SUBSEQUENTLY , at the statement of the victim Rosera P.S. Case No. 147/ 1998 was instituted against four persons (non -petitioners). Statement of the victim under Section 164 of the Criminal Procedure Code in both the cases have been recorded in the instant case, it was recorded on 27.8.1998 vide Annexure -4, whereas in the case instituted at her instance, it was recorded on 19.8.1998. No doubt, in both of her statements there is some contradictory statement but, in her subsequent statement recorded in the instant case, she has tried to explain the reasons behind such contradictions and on the basis of her statement at this stage, it cannot be accepted that petitioners deserve to be discharged.