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2006 Supreme(Pat) 109

REKHA KUMARI
Babi Sinha – Appellant
Versus
State Of Bihar – Respondent


Judgment

Rekha Kumari, J.

1. This is an application filed u/s. 482 of the Code of Criminal Procedure for quashing the order dated 10.12.2004 passed by the 3rd Additional Sessions Judge, Saharsa in Criminal Revision No. 163 of 2004 whereby he has upheld the order dated 22.4.2004 passed by the learned Chief Judicial Magistrate, Saharsa in Complaint Case No. 307-C of 2004.

2. Heard.

3. It appears that opposite party No. 2 Gholti Devi filed a petition of complaint against co-accused Vijay Kumar Sinha and the petitioner alleging, inter alia, that he was married to accused Vijay Kumar Sinha on 13.1.1991 and thereafter began to live with him. She gave birth to one daughter and a son showing their age as five years and two years respectively at the time of filing of complaint. On 25.10.2003 Vijay Kumar Sinha brought petitioner Babi Sinha in his house and told the complainant-opposite party No. 2 that she was his wife and would remain in the house. Thereafter the co-accused and the petitioner started torturing her and also asked her to bring money from her parents and for that also they assaulted her. It further appears that thereafter the complainant was examined on solemn affirmation by th





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