MOTIUR RAHMAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Kanhaiya Prasad Singh, the learned Sr. Counsel for the petitioners and Mr. Jharkhandi Upadhaya, learned Additional Public Prosecutor for the State.

(2.) THESE three petitioners are aggrieved by order dated 5.6.2006 passed by Presiding Officer, F.T. C. 1st, West Champaran, Bettiah in Session Trial No.376/03 whereby the learned court has rejected the prayer of the petitioner for their discharge.

(3.) ACCORDING to the complainant in her complaint petition petitioner no.1 took her to one room where petitioner nos. 2 and 3, both doctors, were present and she was made to lay down and petitioner no.1 is alleged to have molested her breast and given out that if you give pleasure to the two doctors all your ailments will be cured and immediately thereafter petitioner nos. 2 and 3 caught hold of the breast of the complainant and attempted to commit rape. It is also alleged that on halla being raised by her the witnesses arrived and saved the situation. In the statement on S, A. the complainant has stated that she had gone to the clinic of Dr. Kazim and was sitting on the Verandah wherefrom she was taken to a room and was made to lay down and as soon as she lay down Motiur Rahman, i.e. petitioner no.1, caught hold of her breast and thereafter all the three together caught hold of her breasts and as she raised halla the witnesses arrived and saved the situation.