CRIMINAL MISCELLENEOUS NO. 42852 OF 2005 ***** ( In the matter of application under Section 482 of the Code of Criminal Procedure ) ****** HASAN TARA, WIFE OF MOHAMADDIN MIAN, RESIDENT OF VILLAGE CHANDI OJHA, POLICE STATION GOPALPUR, DISTRICT GOPALGANJ ………………………….………………………………………….……...PETITIONER VERSUS 1. THE STATE OF BIHAR 2. ABDUL RAHIM MIAN, SON OF LATE HAKIM MIAN 3. KALAMDDIN MIAN, SON OF AMIN MIAN, 2-3 ARE RESIDENT OF VILLAGE CHANDI OJHA, POLICE STATION GOPALPUR, DISTRICT GOPALGANJ …………………………………………………..……………………OPPOSITE PARTIES ******************** FOR THE PETITIONERS :- MR. DHANANJAY KUMAR, ADVOCATE FOR THE S T A T E :- MR. A. M. P. MEHTA, A.P.P. FOR O.P. NO. 2 & 3 :- NONE ********** P R E S E N T THE HON'BLE JUSTICE SMT. SHEEMA ALI KHAN O R D E R Sheema Ali Khan, J. Heard Counsel for the petitioner and the A.P.P. appearing on behalf of the State. Nobody appears on behalf of Opposite Parties 2 and 3 despite valid service of notice. 2. A complaint petition under Section 376 of the Indian Penal Code has been dismissed by the Sub Divisional Judicial Magistrate, Gopalganj on the ground that the entire case is improbable and unbelievable. While doing so, the Court has perused the evidence on 2 S.A. in this case. The allegation in the complaint is that on 22.01.2000 while the petitioner was sleeping in her palani along with her children, the Opposite Parties 2 and 3 had come to the palani of the complainant and raped her in presence of her five children. The Court below has disbelieved the entire case. Being aggrieved by the order passed by the Sub Divisional Judicial Magistrate, Gopalganj, the complainant preferred a revision and the Revisional Court, after considering the entire materials on record upheld the order of the Sub Divisional Judicial Magistrate, Gopalganj. 3. I do not find any illegality or irregularity in the order of the Courts below and as such this application is dismissed. ( Sheema Ali Khan, J. ) PATNA HIGH COURT DATED, THE 25th FEBRUARY, 2011 N.A.F.R./ANAND