DR.ANJAN KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) DR . Anjan Kumar, the petitioner has filed this application for quashing the F.I.R. including investigation done so far in Gaya Kotwali RS. Case No. 262/05 dated 18.12.2005 instituted for the offence under Section 376 of the I.P.C. pending in the court of C.J.M., Gaya.

(2.) HEARD learned counsel for the petitioner and State.

(3.) THE allegation further goes to show that on or about 9 or 10th November, 2005, the petitioner took the informant Puja Shilpi to his house on the pretext of his wife 's(Bhawna) illness, but, when she (Puja Shilpi) reached the residence of petitioner, she did not notice presence of Bhawna or children of Bhawna and on query, she was told that condition of her sister had been deteriorated and so she had been admitted in the Hospital. Meanwhile, she was offered cold drink and after consuming the same, she fell asleep, lost to control her senses but when she woke up, she found petitioner, Dr. Anjan Kumar, sleeping naked by the side of her, of course, she was also made almost nude and when she tried to raise alarm, she was threatened not to do so on the pretext that her nude photograph had been taken by him and in case, she would dare to do so, the said photographs would be given to her family members. So, it has been stated in the fard beyan that on account of prestige of the family involved, she kept mum and thereafter, she was told by the petitioner that his wife (Bhawna) had gone along with the children to Patna and in this way, she was confined in the house of the petitioner for 3 -4 days. During the said period she was raped by this petitioner. She, then came back to Gaya and narrated such happenings to the family members and then a case was registered as stated above.