IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27915 of 2005 1. KAILASH BAITHA, Son of Late Bali Baitha 2. Bindeshwar Baitha, Son of Late Kariman Baitha, Both are resident of village Bhringichak, P.S. Kateya, District Gopalganj …… Petitioners Versus 1. STATE OF BIHAR 2. Lakhpati Devi, W/o Saral Nonia, R/o village Bhringichak, P.S. Kateya, District Gopalganj …….. Opposite Parties ----------- For the petitioners : M/s Vindhya Keshri Kumar, Sr. Advocate & Naresh Prasad No. 1, Advocate For the State : Mr. Jharkhandi Upadhaya, A.P.P. O R D E R The two petitioners who are arrayed as accused in Complaint Case No. 45 of 2005 have prayed for the quashing of the order dated 10.6.2005 passed therein by Sri R.K.Tripathi, Judicial Magistrate, 1st Class, Gopalgunj, whereby he has taken cognizance against the two accused under section 376/511 IPC and has directed for issuance of summons against them. The prosecution case based on the complaint petition filed by Lakhpati Devi, impleaded herein as O.P. No. 2, is that on the night of the occurrence the complainant was sleeping with her children in her hut when both the accused entered into the hut by opening the door (chachare). In the meantime the complainant woke up seeing which accused Bindeshwar Baitha put a knife to her neck and threatened her to keep quiet or else she with her children would be killed. Thereafter accused Kailash Baitha threw her on to the ground and then the two accused took turns to rape her. Her cries arising out of the pain and sufferings attracted neighbours 2 Ramawati Devi, Sukwaria Devi and Janakia Devi who arrived and entered into the house seeing which accused Bindeshwar Baitha inflicted a blow with the knife in his hand upon the forehead of Janakia Devi causing bleeding injury. Thereafter he inflicted injuries with the knife on the right arm of Ramawati Devi and below the right knee of Sukwaria Devi. Attracted by the cries of alarm other villagers arrived whereupon the accused fled away. It has been submitted on behalf of the accused that they have been falsely implicated in this case due to enmity. Reference has been made to several cases registered against the complainant at the behest of the petitioners and it was submitted that the instant false case had been filed only to pressurize the petitioners to withdraw the cases against her and the other members on her side. Having heard the submissions advanced on behalf of the petitioners and the learned A.P.P. I am of the opinion that the petitioners may have good grounds in their defence but this court at this stage cannot look into such facts / matters. The issues raised by the accused may be raised at the time of framing of charges or in course of the trial. I find no merit in this application which is accordingly dismissed. Patna High Court, Patna. Dated : The 13th of August, 2009 Sanjay Pd./A.F.R. (Abhijit Sinha, J.)