IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3214 of 2011 RITA DEVI Versus THE STATE OF BIHAR & ORS. ----------- 2. 27.01.2011. Heard. The dismissal of complaint vide C.R.No.1841 of 2008 passed by Chief Judicial Magistrate, Madhubani under Section 203 of the Cr.P.C. was challenged before the learned Sessions Judge in Cr.Revision No.680 of 2010 who upheld the order of dismissal of complaint by his order dated 10.12.2010. The complainant-petitioner seeks quashing of the two orders. The allegation is that when the petitioner was out of her house to attend the call of nature, the Opposite Party nos.2 to 4 caught her, put her on the ground and then attempted to violate her by mounting upon her body. She attempted to raise a cry, but she was gagged and any-how she struggled out of the harms way and filed a police case vide Jainagar P.S.Case No.151 of 2008 which on investigation was found maliciously false as a result of which a prosecution report for the prosecution of the petitioner for 2 offences under Sections 182 and 211 of the IPC was filed before the court below. While investigation was pending, the petitioner filed a protest-cum-complaint petition. The Magistrate accepted the final report and took up the complaint petition and after examination of the complainant on S.A. and her two witnesses dismissed the petition of complaint. It was rightly submitted that in a case which is exclusively triable by the court of Sessions it was not incumbent upon the complainant in absence of any direction in that behalf by the enquiring Magistrate, to produce all her witnesses. If there had been a direction on production of all witnesses then in that case the complainant was bound to abide by the court’s order. To that extent the reason assigned by the Magistrate could not be supported. But the dismissal of complaint does not appear meritless. The part of the state of Bihar from which the case has been reported or for that matter any part of it, and the prevailing social norms and behaviour could simply indicate that under the admitted position 3 Opposite Party No.2 Ram Narayan Choudhary who happened to be the father-in-law of the complainant, may not indulge in such acts. This fact was stated by complainant’s witness no.2 to a court’s question. He was father of four children also, the eldest being 27 years of age. This witness has himself admitted that he had made a false statement as regards the age of one Ashok Choudhary. There is a basic flaw in the prosecution evidence and that is that there was no story put forth by the complainant-petitioner that she had being made naked and thereafter attempted to be violated. But, the same witness P.W.2 was telling the court that he found the lady- petitioner naked. Again he was telling the court that her saree was a mixture of at least two colours, red and grey. Witness no.1 appears telling the court that O.P.no.2 Ram Narayan Choudhary was aged about 60 years and he had already retired from service. He also says to the court that the complainant- petitioner was naked and as such he cannot say what was the colour of her saree. P.W.1 has further stated that it was quite dark at that time and that the accused persons were 4 agnatic relatives of the complainant and the witnesses. Three of the Opposite Parties, namely, Ram Narayan Choudhary, Pramod Kumar Choudhary and Jageshwar Yadav were uncle and nephew between them. I have already pointed out the cultural background of the State and specially of that part from where the case has been reported. This appears inherently improbable and patently absurd that an incident of the class as alleged could take place. What could be reason for filing the case, could be best known to the complainant and that could never be a point of enquiry. But if the Magistrate is convinced about the untruthfulness of the allegations then his enquiry which, to me, appears quite some intelligently made, was properly ending in the dismissal of the petition of complaint. There is no merit in the petition. The same is dismissed. B.Kr. ( Dharnidhar Jha,J.)