IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41417 of 2008 Basuki Das Versus State Of Bihar & Anr ----------- 02. 27.07.2011 This is an application for quashing the order dated 03.6.2008 passed by learned Chief Judicial Magistrate, Jamui in Chakai P. S. Case No.18 of 2008 (G.R. No.288 of 2008) arises out of Complaint Case No.210C of 2008 by which the learned Magistrate took cognizance under section 376/511 of the Indian Penal Code. Heard learned counsel for the petitioner and learned counsel for the State. Cognizance is taken for the offence under Section 376/511 of the I.P.C. Submission of learned counsel for the petitioner is that no occurrence ever took place, only in retaliation of petitioner’s Complaint Case No.1391C of 2007 against family members including complainant’s husband, this case is lodged and allegation does not constitute offence under section 376/511 of the I.P.C. rather Section 354 of the I.P.C. It is needless to mention enmity cuts both ways. Allegation is that complainant was only attempted to commit rape, if constitutes offence under section 354 of the I.P.C. that can easily be considered by the trial court at the state of framing of the charge in the case. Accordingly, this quashing application is dismissed. Vikash (Mandhata Singh, J.) 2