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2011 Supreme(Pat) 2484

RAJENDRA KUMAR MISHRA
Ram Sakhi Devi – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
O.P. Maharaj, for the petitioners.
Smt. Pushpa Sinha, APP, for the State.

JUDGMENT

R.K. Mishra, J.-This application, under Section 482 of Code of Criminal Procedure, is directed against the order dated 16.03.2000, passed in G.R. No. 166 of 1999 arising out of Surajgarha P.S. Case No. 46 of 1999 by Additional Chief Judicial Magistrate, Lakhisarai, taking cognizance of the offence under Section 366A of the Indian Penal Code against the accused petitioners and also the order dated 23.11.2000, passed in aforesaid case by Additional Chief Judicial Magistrate, Lakhisarai, rejecting the prayer of the petitioners not to take cognizance of the offence against the petitioners in the light of the statement of the victim girl, as recorded under Section 164 of Code of Criminal Procedure, later on.

2. It appears that on the basis of the report dated 10.03.1999 of opposite party No. 2, Maheshwar Mahto, Surajgarha Police Station Case No. 46 of 1999 was instituted under Section 366A of the Indian Penal Code against the accused-petitioners, which was lodged by opposite party No. 2/informant, Maheshwar Mahto, alleging that on 22.01.1999, he had gone at field in the morning for doing the agriculture work and when he return at house, he was informed by his wife that his daugh





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