BRAJ KISHORE THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Shri V.R.P. Singh, the learned counsel for the petitioners, Shri A. Haque, learned Additional Public Prosecutor for the State and Shri Rajesh Kumar for the Opposite Party No. 2.

(2.) The brief facts of the case are that a complaint bearing Complaint No. 135 of 2011 dated 02.02.2011 was filed by one Rameshwar Thakur against the petitioners herein alleging therein that on 01.02.2011 at about 2 in the after-noon when the daughter of the complainant had gone to the field to steal the vegetable, then she saw that the daughter of the petitioner no.1 herein was also stealing vegetables from the field and thereupon the daughter of the complainant is said to have gone near the daughter of the petitioner no.1 and tried to snatch the vegetables being carried away. At that moment the petitioner no.2 had come there and had beaten the daughter of the complainant. It has been further alleged in the complaint that the daughter of the complainant had returned to her house and had made a complaint to the wife of the complainant, whereupon the wife of the complainant, namely, Asha Devi had gone to the house of the petitioners herein where the petitioners herein reprimanded her. It is the case of the complainant that at about 3 P.M., all the three accused persons, variously armed, came to the house of the complainant and started abusing and assaulting the wife of the complainant as well as took away her attach containing ornaments etc.

(3.) It appears that cognizance was taken by the learned trial court for the offence punishable under Sections 323, 389, 504/34 of the Indian Penal Code by an order dated 16.03.2012 passed in Complaint Case No. 135 of 2011.