IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.47106 OF 2008 1. RAJ NARAYAN YADAV, SON OF LEELA DHAR YADAV 2. BARABABU YADAV, SON OF LEELA DHAR YADAV 3. SURENDRA YADAV, SON OF SHRI SATYA NARAIN YADAV ALL RESIDENT OF VILLAGE SARANGPUR, POLICE STATION G.B.NAGAR, DISTRICT SIWAN …………………………………………………………………………PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. GEETA DEVI, WIFE OF LAL BABU PRASAD, RESIDENT OF VILLAGE BHAMOPALI, POLICE STATION BARHARIYA, DISTRICT SIWAN ……………………………………………………………………….OPPOSITE PARTIES *********** 2 29/03/2010 Heard learned Counsel for the petitioners, the Opposite Party No. 2 and the A.P.P. appearing on behalf of the State. A complaint case has been filed in which there is allegation that the lady in question was traveling towards her home with her husband. On the way, she stopped on a telephone booth to make a call and it is alleged that the petitioners entered and raped her. Her husband thereafter intervened in the matter and it is said that the petitioners ran away. The lady has also produced Annexure-3 in support of her complaint case to say that she had a backache and chest pain on the right side. The medical evidence does not indicate rape in any manner. Learned Counsel for the Opposite Party No. 2 submits that there is discrepancy in the S.A. and 2 the complaint petition. Learned Counsel for the petitioners, on the other hand, submits that the case is unbelievable and untrue for the reasons (a) rape could not have been committed if the lady was accompanied by her husband and (b) if the telephone booth was opened during the night, it is obvious that there would be other persons in the vicinity including the owner of the telephone booth. I find that in a case of this type, it is proper that the matter should be investigated by the Police. I, accordingly, direct the Judicial Magistrate, Siwan to send the complaint for institution of the First Information Report. The order taking cognizance dated 28.09.2007 and the subsequent orders passed in Complaint Case No. 205 of 2007 are herby quashed. In case, the Police find that the case is true, the Court below will proceed in the matter. This application is thus disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J.)