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2023 Supreme(Pat) 99

RAJIV ROY
Mahendra Prasad Sinha – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioners: Mr. Mukesh Kumar.
For the Opp. Parties : Mr. Ramchandra Sahni, APP.

Rajiv Roy, J. – Heard the parties.

2. The present petition has been preferred for quashing of the order dated 08.04.2022 passed by the learned Additional Sessions Judge-VI-Cum-Special Judge, Protection of Children for Sexual Offences (POCSO) in G.R. No. 21 of 2021 in connection with Babubarhi P.S. Case No. 39 of 2021 registered on 01.03.2021 under Sections 341, 342, 376, 504, 506, 509 and 34 of the Indian Penal Code and Sections 4 and 8 of the POCSO Act whereby and whereunder the learned Court below took cognizance against the petitioners.

3. The prosecution story read as follows: –

(i) vide written report, the informant alleged that she is permanent resident of Village- Sonpatahi, P.S.-Babubarhi, District- Madhubani and on 25.02.2021, at about 2.15 O’ Clock of the day, while she was going from her house for collecting vegetable from her field and as she reached near the residence of Deepak Kumar, he called her;

(ii) further allegation in the F.I.R. is that, when she reached in his courtyard, he forcibly locked her in the room and committed rape. It has further been alleged that as she was crying and in the meantime the aunt of Deepak Kumar, namely Kiran Devi and other accuseds came t

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