JHULAN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State. Despite valid service of notice, nobody appeared on behalf of opposite party no. 2.

(2.) This application has been filed for quashing of order of cognizance dtd. 18/12/2017 passed by learned Additional District and Sessions Judge 1st Buxar in SC/ST Case No. 123 of 2017, arising out of SC/ST P.S. Case No. 12 of 2014, whereby he has taken cognizance and summoned the petitioners and other two co-accused persons under Ss. 395, 397, 376/34 of the Indian Penal Code and Sec. 3(i)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as SC/ST Act).

(3.) The present case, in brief, is that in the night of 3/2/2014 at about 11:00 PM, all the accused persons including appellants and three unknown persons entered into the house of informant/opposite party no. 2, armed with fire-arms, and thereafter, two of the accused persons committed rape with the informant. It is further alleged that accused persons also looted cloths, ornaments etc. and on alarm, being raised by the informant, some villagers arrived there and accused persons fled away.