IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3199 of 2008 NAND KISHORE SINGH, S/o Late Ram Chandra Singh, resident of Mohalla-Milan Para, P.S. Khuskhi Bagh, P.S. Sadar Ward No. New 28 and old 17, District-Purnia -------------- Petitioner Versus 1.The State of Bihar. 2. Bimla Devi W/O Manilal Das, Mohalla-Bajrangitola, Milan Para P.S. Sadar, District-Purnia. ------------- Opp.Parties. ----------- 2 20-01-2009 Heard Dr.Bidhu Ranjan, the learned counsel for the petitioner as also Mr. Dinesh Singh, the learned A.P.P. for the State. The petitioner has filed this application for quashing of the order dated 26.4.2006 passed in Complaint Case No.1512 of 2004 by the learned S.D.J.M.,Purnia, whereby he has taken cognizance against the petitioner under Section 354/34 I.P.C. although the complaint has been filed for offence under Section 376/34 I.P.C. Assailing the impugned order, it has been submitted by the petitioner that the entire prosecution story is improbable and hard to digest since no person would attempt to commit rape on a lady advanced to the age of 45 years having children and that the case is of false implication by way of after thought and counter blast to the earlier Title Suit filed by the petitioner being Title Suit No.17 of 2002 over the admitted dispute between the two parties in respect of land. I have had the occasion to peruse the order of the learned Sub Divisional Judicial Magistrate, Purnia taking cognizance of the offence under Section 354/34 I.P.C. and I find no apparent illegality or - 2 - impropriety therewith. The order dated 26.4.2006 passed by the learned Sub Divisional Judicial Magistrate, Purnia is hereby upheld. This rejection order, however, will not stand in the way of the petitioner raising these issues once again at the time of framing of charge. With the aforesaid observation, this application is dismissed as withdrawn. ( Abhijit Sinha, J ) NKS/-