(1.) Vide this order, I shall dispose of three petitions for grant of pre-arrest bail i.e. CRM-M-48140-2017 filed by petitioner Kaushalya, CRM-M-49129-2017 filed by petitioner Partibha and CRM-M-8412-2018 filed by petitioner Naresh alias Sev Nath, all of them being accused in FIR No.876 dated 8.11.2017, under Sections 323, 324, 342, 377, 498-A, 34 IPC, registered at Police Station City Sirsa, District Sirsa.
(2.) Briefly stated, facts of the case as per prosecution story are that the complainant had submitted a complaint dated 7.11.2017 to police stating therein that 12 years prior to filing of the complaint, she had fallen sick; that her parents took her to Naresh (one of the petitioner), who used to do witchcraft; that Naresh convinced her and gave her PARSHAD, which she had consumed; that thereafter she started living with Naresh; that Naresh took her to his house at Hisar and solemnized marriage with her; that the complainant had given birth to three children from loins of Naresh, however, during the course of time, the complainant victim came to know that Naresh had already exploited two girls by giving allurement to them, one of them was Kanta belonging to some place near Kaithal, who had died in the year 2006, rather she had been set on fire and murdered by Naresh, whereas other girl was Guddi belonging to some place near Bhiwani, who had also died; that Naresh had taken illegal possession of land belonging to Wakf Board and constructed a DARGAH there, where people used to come and Naresh would collect money from them by exploiting their sentiments; that he used to make several girls stay with him on the pretext of treating them and rather commited rape upon them; that when the complainant protested, he would give beatings to her; that Naresh used to have unnatural sex with complainant victim and on an objection being raised by her, he would give beatings to her; that about 8-10 months before filing of complaint, Partibha (petitioner) came to Naresh for treatment and she also fell into his trap, resultantly, Naresh started committing rape upon her and began to live with her in a rented house, where he took three children of complainant i.e. two elder daughters and a son in the age group of 5 to 9 years. According to the complainant, she is not aware of whereabouts of the daughters and has an apprehension that he might have sold the daughters for money. According to the complainant, Naresh had made various identity cards under different names and he has been befooling people by giving his wrong names; that he would tell his name some time as Naresh, some time as Sev Nath and give his address some time of Hisar and some time of Sirsa. According to the complainant on 3.11.2017 at about 4:00 p.m. when she was working at her house, then suddenly Naresh came and caught hold of her from hairs abusing her; that petitioners Partibha and Kaushalya also came there; that Partibha started slapping the complainant, whereas Kaushalya gave kick blows in her stomach saying that she should be killed since she was posing danger to them; that all three of them gave beatings to the complainant-victim; that they tore her clothes and when people came from neighbourhood, then they ran way. In the FIR several instances of her maltreatment and torture at the hands of all the three accused have been given. According to the complainant, she had suffered injuries and got treatment from General Hospital, Sirsa and after being discharged on 7.11.2017 reported the matter to the police.
(3.) Apprehending their arrest in this case, petitioners/accused had approached the Court of Sessions seeking grant of pre-arrest bail but their such applications were dismissed by the Court of learned Additional Sessions Judge, Sirsa. As such, they have approached this Court asking for similar relief by way of filing separate petitions.