SUMAN KUMAR PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel appearing on behalf of the parties.

(2.) The present application has been filed for quashing the order dtd. 4/11/2009 passed by learned A.C.J.M., Chapra, Saran, in connection with Naya Gaon P.S. Case No. 54 of 2007 corresponding to Inquiry No. 171 of 2009 (U.T. 256/2009), where cognizance was taken for the offences under Sec. 392, 436, 427, 354 of the Indian Penal Code.

(3.) Prosecution case in brief is that Chanda Devi (Opposite party No.2) filed Complaint Case No. 2701 of 2007, in the court of Chief Judicial Magistrate, Saran, Chapra on 23/8/2007 which was sent to the concerned police station on the basis of which Nayagaon P.S. Case No. 54 of 2007 was registered. Gist of the case is as follows:- Father, brother and grand father of the informant were sent jail in connection with concocted case by police on 9/8/2007, thereafter, informant called her husband from Muzaffarpur and on 10/8/2007 at about 11 ?.?., while she was preparing breakfast, all the accused persons came there and started abusing on her caste name and also tried to outrage her modesty and Manan Pandey fired from his pistol, targeting Arun Kumar, who escaped unhurt, then the accused persons set her old house on fire and committed theft in her house and cut many trees including Sagwan tree and also taken away iron bars and cement.