BASHIST PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE two petitioners, who are F.I.R. named accused in S.Tr. No. 210 of 2000 arising out of Chanpatia P.S. Case No. 110 of 1992, have prayed for quashing of order dated 20.9.2004 passed therein by the learned IVth Additional Sessions Judge, West Champaran at Bettiah, whereby he has allowed the application Under Section 319 Cr.P.C. filed by the Opp. Party No. 2 and has summoned the petitioners to face trial.

(2.) RAMAWATI Devi, wife of Suresh Sah gave her fardbeyan at 6.00 P.M. on 31.5.1992 and on the basis thereof an F.I.R. was drawn up on 2.6.1992. The prosecution case, in brief, is that on 13.1.1992 Suresh Sah had gone to the Sugar Mill to deliver the sugarcane of Birendra Kuwar and no male member was present in the house as her father -in -law, Dhuri Sah, was sleeping at the Darwaia of Birendra Kuwar. It has been alleged that about 10 -11.00 P.M., tractor drivers, Lallu Mian, Samsher Mian and Basisth Pandey, all henchmen of Birendra Kuwar, and Dasai Dhobi, servant of Birendra Kuwar variously armed came to her house and forcibly took her away. They were later joined by Birendra Kuwar and she was gagged and forcibly taken to Village - Baikunthwa and confined in the house of Agar Mian. It has been alleged that here Birendra Kuwar used to come at the interval of 3 -4 days and rape her against her will. It is also alleged that she was kept in the house of Agar Mian under close surveillance for about a month and when rumours floated in the village she was removed to Village - Ahwar by Birendra Kuwar and driver Lallu Mian and kept in the house of the relative of Lallu Mian. According to the informant, when her forcible confinement came to be known to the people then Birendra Kuwar with the help of other co -accused took her to Jogapatti where he and others ravished her. It is further alleged that it was here that Birendra Kuwar ordered the other accused to kill her and in compliance thereto they assaulted her and when they thought that she was dead she was thrown in the sugarcane field. On regaining consciousness she came to her father's house with the help of the local Chowkidar.

(3.) IT has been further submitted that the Complainant had preferred Cr. Revision No. 174 of 1992 before the learned Sessions Judge, West Champaran at Bettiah against the order dated 22.6. 1992 which was dismissed vide order dated 13.9.1992 and against the same the Complainant filed Cr. Misc. No. 14667 of 1992 before this Court which was also dismissed vide order dated 18.8.1993. Birendra Kuwar filed Cr.W.J.C.No.319 of 1992 before this Court to quash the prosecution arising out of Chanpatia P.S. Case No. 110 of 92 against the petitioners and others but the same was dismissed by order dated 27.7.1999 with direction to the Police to conclude the investigation and submit the report to the Magistrate. It was also directed that the learned Magistrate shall proceed with the complaint case as well as the Police Case in accordance with the provisions of Section -210 Cr.P.C. After the Police submitted charge sheet in Chanpatia P.S. Case No. 110 of 1992 against Lallu Mian and Badri Mian only, the petitioners and other accused were not sent up for trial. However, at the trial itself after two witnesses had been examined, a petition was filed by the complainant Under Section 319 Cr.P.C. for summoning the petitioners to face trial and by the impugned order the petitioners have been summoned.