L.P.N.Shahadeo, J.

1. This application under Sec. 482 of the Code of Criminal Procedure is directed against the order dated 18-12-87 passed by the Sri B. B. Verma, Subdivisional Judicial Magistrate, Sitamarhi (West) in G. K. Case No. 11/86 (T.R.No. 994/87). It appears that a complaint case was filed before the Sub-divisional Judicial Magistrate on 5-12-87 stating therein that the complainant was alone in her house. The opposite party No. 2 came to her house and induced her to work as maid servant. The petitioner worked as maid-servant and, thereafter, on the pretext of marriage, the opposite party No. 2 committed rape on her and, thereafter, he refused to marry. Ultimately it was detected that the accused opposite party No. 2 was a married person having children. It was detected that the complainant lady was also married lady. The petition of complaint was referred to the police for investigation. The police registered a case under Sec.376 and 498 of the Indian Penal Case and ultimately submitted charge sheet against opposite party No. 2 i.e. the accused at the close of the investigation. ,

2. It appears that the learned Magistrate had taken cognizance of the offence under