JUDGMENT

Arijit Pasayat, J.-Leave granted.

2. Protection to the respondent No.2-Anuj Kumar under Section 438 of the Code of Criminal Procedure 1973 (in short the Code ) is assailed by the appellant.

3. A brief reference to the factual aspects would suffice. On 13.2.2002 the appellant (hereinafter referred to as the informant ) lodged a written complaint before the officer-in-charge, Sirdala P.S. Nawadah that on 13.2.2002 at about Panchayat armed with revolver, Anil Kumar armed with lathi, Sunil Kumar armed with lathi and others armed with weapons entered into her house and the said Anuj Kumar demanded Rs. 1000/- from her elder brother Suresh Vishwakarma. When Suresh Vishwakarma refused to give the same showing his inability to arrange such a huge amount, Anuj Kumar assaulted him by the butt of revolver on his head and below his eye. When the informant came for his rescue, she too was assaulted by fists and legs and the said Anuj Kumar demonstrating the revolver said that since her brother has not given the money, therefore outraged the modesty of his sister in the presence of all. Saying this, the headman Anuj Kumar pulled the informant-Sunita Devi, put her on the ground and lifting