HARBANSI DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS judgement shall dispose of Cr.MP(M) Nos. 762, 763 and 764 of 2012 filed by Harbansi Devi, Sarita Devi and Promila Devi, respectively, under section 438 Cr.P.C. for releasing them on bail in FIR No. 118/2012 dated 17.8.2012, registered at Police Station, Barsar, District Hamirpur, under sections 366, 376, 495, 120B IPC.

(2.) IT has been stated that petitioners are house wives, they have nothing to do with the commission of offence. The petitioners have been falsely implicated in the case. The allegations against the petitioners are that they joined the marriage of Kamal Kishore, who was already married. The alleged marriage took place on 10.7.2012 and FIR was lodged on 17.8.2012. The petitioners are innocent. They have committed no offence. On account of registration of the case, the petitioners apprehend their arrest in the above case. The petitioners are ready to join the investigation and furnish bail bonds as per directions of the court. The petitioners have prayed for bail, under section 438 Cr.P.C.

(3.) IT has come in investigation that Kamal Kishore is the adopted son of Harbansi Devi. On 9.7.2012, the prosecutrix was brought to Shimla by accused, she was not told that Kamal Kishore was already married having one daughter also. The prosecutrix was married with Kamal Kishore on 10.7.2012 at Laxmi Narayan Mandir, Tutu, Shimla. Kamal Kishore after marriage did not take prosecutrix to his residence at Loharli, rather kept the prosecutrix in the house of Meena Kumari. Kamal Kishore after his marriage with prosecutrix had physical relations with prosecutrix. Kamal Kishore was married with Shalini Devi on 24.11.2004.