DAMODAR YADAV Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel for the State.

(2.) Petitioners have filed this application, under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Code'), seeking quashing of order dated 03.11.2011 passed by the Judicial Magistrate, 1st Class, Banka in Complaint Case No. 1892 of 2009 thereby taking cognizance of offence against the petitioners under Section 354 of the Indian Penal Code.

(3.) The fact, as stated in the complaint, is that, on 15.09.2003 at 11:00 P.M., while complainant was sleeping on a cot in the house along with her husband and by the side her daughter and son, both accused-petitioners, armed with pistol, intruded into the house and put pistol on the side of the head of her husband asking him to keep quite and not to raise alarm, one of the accused Tipu Yadav tied hand and leg of her husband and another accused Damodar Yadav committed rape to her. When she protested, Tipu Yadav abused and assaulted her with lathi and after committing rape, they escaped away. While she was resisting, her children also woke up and saw the occurrence. She went to lodge police case in the next morning but police refused to register it, so she filed a complaint case in the court.