LAWS(P&H)-2019-12-69

RACHNA Vs. STATE OF HARYANA

Decided On December 06, 2019
RACHNA Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) This order shall dispose of the aforesaid two petitions filed on behalf of Rachna and Shishpal seeking grant of anticipatory bail in a case registered against them vide FIR No.88 dated 10.08.2019 under Sections 323/342/376- D/120-B/109/506 IPC at Police Station Women Sirsa, District Sirsa.

(2.) The FIR was registered at the instance of Surender Rani wherein it has been alleged that she was married to Shishpal on 4.12.2004 and was blessed with two children out of the wedlock. However, her husband used to torture her.

(3.) The learned counsel representing the petitioners has submitted that the accused have falsely been implicated in the present case and it is highly unlikely that petitioner Shishpal would get his own wife (complainant) raped from somebody before his eyes. It has further been submitted that Iqbal, who is alleged to have raped the complainant is none else but husband of Rachna and it is unlikely that Rachna would have prompted her own husband to establish physical relations with another lady (complainant). The learned counsel has submitted that it is apparently a case where the prosecutrix, being aggrieved by the relations between her husband Shishpal and Rachna had chosen to lodge the present FIR falsely in order to teach them a lesson.