IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46693 of 2009 1. Ram Chandra Thakur, son of Dharam Narayan Thakur, 2. Debatashray Thakur @ Deotashray Thakur, 3. Tam Shresth Thakur alias Rameshray Thakur @ Ram Sherista Thakur, both sons of Sri Ram Chandra Thakur, village Kahua Jagadishpur, PS Biraul, district Darbhanga – petitioners. Vs. 1. The State of Bihar, 2. Sunaina Devi, wife of Sri Bulbul Paswan, village Kahua Jagadishpur, PS Biraul, district Darbhanga – opp. parties. 2 19.2.2010 Heard learned counsel for the parties. This application has been filed for quashing the order, dated 10.11.2009 passed by the Special Judge (SC/ST) Act, Darbhanga in Biraul PS Case No. 4/2006, Tr. No. 187/2009 and G.R. No. 9/2006 by which the court has refused to discharge the petitioners for the offences under sections 341, 323 and 504/34 of the Penal Code. Learned counsel for the petitioners submits that initially charge sheet was submitted under sections 323, 341 and 504 of the Penal Code and 3(x) of the SC/ST Act. It appears that the court added sections 376/511 of the Penal Code on the ground that it is said that there was an attempt made to rape the informant (complainant). Learned counsel further submits that in fact no offences under sections 376/511 of the Penal Code is made out against the petitioner as the Investigating Officer has not found that part of the allegation to be true and subsequently adding or presuming that an act had taken place to justify the addition of section 376/511 of the Penal Code is absolutely unwarranted in the facts of this case, more-so in view of the fact that enmity due to land dispute is admitted between 2 the parties and cases of this nature are filed abusing the process of law. This aspect of the matter shall be examined during the trial by the court and the court will obviously keep in mind the background and the fact that the allegations have been levelled as an after thought. This application is disposed of with the aforesaid observations. haque (Sheema Ali Khan, J.)