GOKARAN GOSAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (in short 'the Code'). It is directed against the order dated 8.4.1997 passed by the 2nd Additional Sessions Judge, Arrah, Bhojpur in Behea P.S. Case No. 106/93 (S.T. No. 229/95) by which order charge under Section 364/34 of the Indian Penal Code was framed against the petitioner and others.

(2.) THE case of the prosecution, in short, is that the family members of the informant was residing at the village while the informant was a Fitter -helper in a Collery at Dhanbad and he used to reside there. The daughter of the informant was of marriageable age and the informant 'swife used to approach others for her marriage. The informant and his wife were absent from their house from

(3.) THE parties have been heard in detail about the various submissions made by them. I have also perused the impugned order dated 8.4.1997. From the submissions made on behalf of the petitioner it appears that though the alleged occurrence had taken place on 8.5.1993 the T.I. Parade was held as late as on 24.2.1994. The other witnesses had come to know the name of the petitioner only from Manju Kumari the daughter of the informant. From the impugned order it appears that the learned Court below has taken into consideration these submissions made on behalf of the petitioner. He has, however, held that from the materials available on record there was no ground to discharge the petitioner at this stage. Hence his prayer for discharge was rejected and a date was fixed for framing of the charge.