GHISHU SK. Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS criminal miscellaneous application along with A.B.A. No. 276 of 2005 are directed against the impugned order dated 16.9.2004 by which the learned Counsel for the petitioner has prayed for quashing of the order dated 16.9.2004 and also for grant of anticipatory bail.

(2.) FACTS leading to filing of the application as well as the anticipatory bail application are that the informant lodged and FIR on 8.8.2002 in the evening at 6 to 7 p.m. that, 12 to 13 persons including this petitioner Ghishu Sk. armed with deadly weapons came inside her house after breaking the door and ordered to cut Bhola into pieces in the field of cane and to outrage the modesty of the female. On this the remaining culprits caught Bholi Sk. and Alam Sk. assaulted her with butt of pistol and she fell down whereupon Alam Sk. made attempt to commit rape on her but Bhola Sk. and Amar Farque saved her. Again this petitioner Ghishu Sk. abused. Thereafter Isrfil Sk. was given a blow of dagger by Kalam Sk. on her head. It is also alleged that Bhola Sk. was taken away by Mantu Sk. Samapun Sk. Jabbar. Sk., Fazul Sk. and Darek Sk. and assaulted. On this piece of fardbeyan of Naima Bibi, a case being Rajmahal P.S. Case No. 94 of 2002 dated 9.8.2002 was registered under Sections 147/148/149/448/327/376/511/382/364/326/307 of the Indian Penal Code and under Section 27 of the Arms Act. Police after investigation submitted charge -sheet in the case.

(3.) THE contention of the learned Counsel for the petitioner is that though the petitioner is named in the FIR, but police after investigation did not submit charge -sheet against this petitioner and a protest petition was filed but that protest petition was also not pressed by the informant and when charge - sheet was not submitted against the petitioner, the learned Magistrate on the perusal of the case diary, took cognizance against the petitioner.