IN THE HIGH COURT OF JUDICATURE AT PATNA SLA No.71 of 2009 GAYTRI DEVI W/O BINDESHWAR PASWSAN, R/O VILLAGE- JAFRABAD, P.S.- LALGANJ, DISTRICT- VAISHALI AT HAJIPUR Versus 1. STATE OF BIHAR 2. ARJUN PASWAN S/O DESMAN PASWAN 3. RAJDEO PASWAN 4. CHATUBHEY PASWAN 5. JALESHWAR BHAGAT S/O LATE RAM KHELAWAN BHAGAT ALL RESIDENT OF VILALGE- JAFRABAD, P.S.- LALGANJ, DISTRICT- VAISHALI AT HAJIPUR ----------- 2 14/07/2009 This application has been filed for grant of special leave to appeal against the judgment and order dated 18.5.1009 passed by the learned Judicial Magistrate, 2nd Class, Vaishali at Hajipur in Case No. CI- 3036 of 2004/Tr. No. 54 of 2009 whereby the opposite party nos. 2 to 5 have been acquitted from the charges levelled under sections 323 and 354 of the Indian Penal Code. I have perused the complaint petition (Annexure-1) from which it appears that the accused nos. 3 and 4 are full brothers as they are the sons of Fulle Paswan. There is allegation that opposite party no. 3 threw down the complainant on the earth and tried to commit rape. He made the complainant fully naked and at that time he was assisted by his full brother Chatrubhey Paswan. No prudent man can believe that two full brothers can try to commit rape on a lady simultaneously. There is absurd allegation in the 2 complaint petition. Accordingly, I am of the view that the impugned judgment needs no interference of this Court. This application is thus dismissed. avin (Shyam Kishore Sharma, J.)