MOHAN RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is a jail appeal in which this Court has appointed Arun Kumar tripathy to appear Amicus curiae.

(2.) THE sole appellant Mohan Rai who has spent about more than six years in jail custody in a case under Section 366-A of the indian Penal Code has challenged the order dated 11-8-2004 passed by District and Sessions Judge, Buxar.

(3.) THE prosecution case is that the occurrence took place 21/2 years prior to the lodging of the First Information Report. The first Information Report was lodged on 19-10-2000 by Urmila Devi, mother of the so called victim girl Dharmshila Devi. In the first Information Report it is alleged that anandi Devi, mother of the present appellant had come to the house of the informant in the morning at about 3 a. m. and asked dharmshila Devi to accompany her for the purpose of attending the call of nature. The informant found that her daughter had not returned home and began to look for her. She went to the house of Anandi Devi but was told that Anandi Devi does not know the whereabouts of Dharmshila Devi. In the first Information Report it is also alleged that the informant went again to the house of Anandi Devi but on each and every occasion she was repelled by her. The informant claims that there was a 'panchayati' in the village and Anandi Devi had promised to produce the girl who has allegedly been taken away by Mohan Rai son of Anandi Devi. The girl returned after about 8 or 9 months of the occurrence.