ANIL KUMAR VERMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners, learned APP as well as learned counsel for OP No.2.

(2.) Petitioners are aggrieved by an order dtd. 28/8/2015 passed by Sri A. K. Shukla, Judicial Magistrate-1st Class in Complaint Case No. 674/2015 whereby and whereunder petitioners have been summoned to face trial for an offence punishable under Sec. 376/34 IPC. At an initial stage showing the date of occurrence to be 14/6/2014, a written report was filed at the end of O.P. No.2, Rani Devi on 20/6/2014 whereupon Jehanabad Mahila PS Case No. 39/2014 was registered under Sec. 376/34 of the IPC wherein, after concluding investigation, the Investigating Officer had submitted final report divulging the allegation to be untrue. During intermediary stage, protest petition was filed whereupon informant/O.P. No.2 was noticed vide order dtd. 25/5/2015 and subsequently thereof, vide order dtd. 10/07/2015, the final report was accepted and the case was directed to proceed on the protest petition treating it to be a complaint registering Complaint Case No. 674/2015 and then thereafter, the matter has been transferred to the court of Amit Kumar Shukla, Judicial Magistrate-1st Class, Jehanabad for conduction of an enquiry as provided under Sec. 202 CrPC, under Sec. 92(2) of the CrPC and during course thereof, it is evident that witnesses were examined and lastly, by the order impugned the petitioners have been summoned to fact trial, the subject matter of instant petition.

(3.) Allegation so attributed against the petitioners is that the husband of the informant is an employee of the State Bank of India and is presently posted at Garhpura Branch, District- Begusarai as an Assitant. Petitioners No.1, Anil Kumar Verma is the Branch Manager while petitioner No.2, Arvind Kumar Choudhary is the Accountant. While Informant was staying with her husband at Garhpura both the accused used to visit as a result of which, they became known to each other. Few days back, informant has come to her Sasural lying at village- Naima where she was staying. Then, it has been alleged that on 14/6/2014 at about 9:00 PM, Anil and Arvind, they both came at her house and said that they have come nearby in order to participate in a marriage ceremony. As night has fallen, so they have come to stay at her house. They both slept in her guest room. At about 11:00 PM, they both called her on the pretext of fetching water whereupon, informant carried a jug full of water with a glass. As soon as, she entered inside the room, she was caught hold of by both of the accused who gagged her mouth, forcibly threw her on the bed and then, committed rape upon her one by one. Then thereafter, they threatened that in case of raising alarm at her end, they will oust her husband from the job as well as will also got him behind the bar. She became silent out of fear as well as shame whereupon, she had not disclosed the event either to her husband or to her father-in-law or mother-in-law. Anyhow, after two days, she informed her mother who informed her husband. Her husband inquired from her and then, he came along with her parents and then, written report has been filed.