ASHUTOSH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application by one of the F.I.R. named accused of Chandi P.S. Case No. 212 of 2006 is for the quashing of the First Information Report thereof and the consequent investigation.

(2.) THE prosecution case is based on the fardbeyan given by one Sweety Kumari on 2.9.2006 inter alia alleging that at about 7. P.M. in the month of February, 2004 when she had gone to the eastern side of her house to answer the call of nature, co - villager, Ashutosh Kumar had come and ravished her and when she attempted to raise alarm Ashutosh implored her not to do so and assured to marry her whereafter she quietly returned to her house. It is also alleged that thereafter whenever she went to her school she was usually raped by Ashutosh Kumar. It is also alleged that both of them had taken photographs of themselves together on two occasions and on 1.1.2005 she was given a green card also. The further allegation is that Ashutosh Kumar, who was a student, used to reside at Patel Nagar, Patna, and during that period she had visited Patna and lived in Room No. 1 and there too there had been physical contact between them. It is also alleged that subsequently the matter came to the knowledge of both the families whereafter father of Ashutosh went to Patna to bring him and on that occasion Ashutosh gave out that he was in love with the informant and would marry her. It is said that Sweety Kumari and Ashutosh Kumar were brought to Chandi with an assurance of marriage wherefrom Ashutosh went to his native village and Sweety to her village home. It is further alleged that in the night of 18/19.7.2005 Ashutosh Kumar scaled over the wall and entered into the house of the informant and committed rape with her. At that time the younger sister of the informant Khusboo Kumari, woke up and raised hulla on which her parents and one Birendra Prasad arrived and interrogated Ashutosh Kumar regarding the cause of his presence there to which he replied that he could not live without Sweety. Information was sent to Ashutosh 'sfamily members whereafter the informant and Ashutosh went to Hilsa Court where documents were made ready with respect to the marriage by one Rajiv Ranjan, Advocate. However, Ashutosh was not ready to marry her on that day as it was a Tuesday and postponing it for two days went home and ever since he has become traceless. It is alleged that thereafter the informant 'sfather met the father of Ashutosh who refused to solemnize the marriage of his son with Sweety on the plea that it was an inter caste marriage and he also demanded Rs. 3,00,000.00 for the purpose of marriage. It is said that subsequently the informant came to know that a false case had been lodged against her father with respect to the kidnapping of Ashutosh Kumar. It has also been disclosed that earlier also the informant had filed a case of rape against the accused which was pending. It is also alleged that when Sweety Kumari went to the house of Ashutosh on 25.12.2005 she was assaulted by the accused persons and she became unconscious.

(3.) ON the basis of the fardbeyan given by Sweety Kumari, Chandi P.S. Case No. 212 of 2006 was registered under Sections 341, 323, 376 and 420/34 I.P.C. against the petitioner and other family members.