Advocates:
['RAJESH KUMAR', 'NEHALA SHARMIN', '', 'ANIL KR SINGH']

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IN THE HIGH COURT OF JHARKHAND, RANCHI

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Cr.M.P. No. 2748 of 2021

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Abha Kumari @ Abha Devi, age 36 years, wife of Sanjay Kumar, resident

of C-41, Harmu Housing Colony, P.O.+P.S. Argora, District Ranchi

….. Petitioner

-- Versus --

1.The State of Jharkhand

2.Sona Kumari, d/o late Bhuneshwar Rajak, r/o Dundibagh Jhopri, P.O.

Sector 12, P.S. B.S.City, District Bokaro

…... Opposite Parties

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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner :- Mr. Rajesh Kumar, Advocate

For the O.P.2 :- Mr.Anil Kumar Singh, Advocate

For the State

:- Mrs. Nehala Sharmin, Advocate

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7/19.12.2022

Heard Mr. Rajesh Kumar, the learned counsel appearing for

the petitioner, Mrs. Nehala Sharmin, the learned counsel appearing on

behalf of the respondent State and Mr.. Anil Kumar Singh, the learned

counsel appearing on behalf of the O.P.No.2.

This petition has been filed for quashing of the order taking

cognizance dated 22.10.2020 passed by the learned Judicial Magistrate,

1^st Class, Bokaro in connection with Mahila P.S.Case No.34 of 2019, G.R.

No.385 of 2020 pending in the court of learned Judicial Magistrate, 1^st

Class cum Additional Civil Judge (Junior Division) Bokaro.

The F.I.R has been registered alleging therein that the

informant of this case is Sona Kumari who alleged in her Fardbeyan that

she is working in a beauty parlor of Binod Kumar who is also employee of

Government of Jharkhand. It is further alleged that in the year 2016 prior

to two days of Holi, accused namely Binod Kumar arrived in the shop at

about 7:00 p.m for calculation of income-expenditure and he stopped the

informant in the shop itself and asked her not to go to her house and

thereafter, he committed rape upon her. It is further alleged that when

informant started weeping, accused Binod Kumar told to her that he is

unmarried and he will solemnized marriage with her. Informant disclosed

entire facts to her mother and brother. It is further alleged that accused

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Binod Kumar came to her house also and told to the family members of

the informant that he will solemnize marriage with the informant and

thereafter, he started visit in her house frequently and started

establishing physical relationship with her and on the point of marriage,

he always avoid the same on one and another pretext. It is further

alleged that informant has become pregnant in May 2018 and when the

matter was disclosed to the accused Binod Kumar, then accused Binod

Kumar along with his bhabhi namely Abha Devi had approached the

informant where bhabhi of the accused told her that both families will

have to face disrepute in the society and so she advised her to abort the

pregnancy and it is further alleged that she has been given two types of

medicine by them and thereafter alleged that on 15.09.2019 the accused

namely Binod Kumar was ready to perform marriage with the informant

and the informant along with her mother and brother reached at Ram

Mandir, Bokaro on 15.09.2019 at about 11.00 a.m. and waited till 1.00

p.m but accused Binod Kumar had not reached there. It is further alleged

that when she called the accused namely Binod Kumar then he refused

to solemnize marriage with her.

Mr. Rajesh Kumar, the learned counsel appearing for the

petitioner submits that the petitioner is a lady and related with the main

accused Mr. Binod Kumar. He submits that the petitioner has earlier

moved before this Court in Cr.M.P.No.1623 of 2020 which was allowed by

order dated 14.10.2020 and order taking cognizance dated 06.05.2020

was quashed and the matter was remitted back to the learned court for

passing a fresh order in accordance with law. He submits that pursuant

to that, the learned court has