LAWS(PAT)-2017-1-26

RAM KISUN MAHTO @ RAM KRISHNA MAHTO, SON OF SRI RAM LAKHAN MAHTO, RESIDENT OF VILLAGE Vs. THE STATE OF BIHAR

Decided On January 23, 2017
Ram Kisun Mahto @ Ram Krishna Mahto, Son Of Sri Ram Lakhan Mahto, Resident Of Village Appellant
V/S
THE STATE OF BIHAR Respondents

JUDGEMENT

(1.) Petitioner has filed this application under Sec. 482 of the Code of Criminal Procedure for quashing the order dated 11.7.2001 passed by the Sub-Divisional Judicial Magistrate, Rosera, Samastipur in Trial No.1395 of 2001, arising out of Complaint Case No. 227 of 2000, by which after finding a prima facie case against the accused persons, including the petitioner, under Sec. 376 of the Indian Penal Code, the learned court below has ordered for issuance of processes against the petitioner.

(2.) The prosecution case, as per the complaint petition, in short, is that one Somni Devi has lodged a complaint case before the ACJM, Rosera against the petitioner alleging, inter alia, therein that on the time and date of occurrence, while the complainant was cutting grass in the field, in the meantime accused persons passed derogative comment on her and on protest by the complainant she was raped by them one after another and on her alarm her husband and daughter, who were working in nearby field, came there and then the accused persons fled away from the place of occurrence.

(3.) On the basis of the aforesaid complaint, Complaint Case No. 227 of 2000 was registered against the petitioner and one other and the case was transferred for enquiry and trial. The learned court below after enquiry under Sec. 202 of the Code of Criminal Procedure finding a prima facie case under Sec. 376/34 of the Indian Penal Code, has ordered for issuance of processes by order dated 11.7.2001 and the aforesaid order is under challenge in this application under Sec. 482 of the Code of Criminal Procedure by the petitioner.