BIBIJAN BIBI Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this application, the petitioner has prayed for quashing of the First Information Report on the ground that no offence is made out against the petitioner under Sections 493/376, 109 and 504 of the Indian Penal Code.

(2.) THE prosecution story, in short, as alleged in the F.I.R. is that the informant made a written statement to the police on 8.8.1996 alleging inter1 alia that she was dumb lady of 20 22 years old and she was still unmarried. The accused persons were neighbours of the informant. One Samsuk Sheikh started visiting the house of the informant since the 1st week of January, 1996 and they fell in love. It was further alleged that in the 1st week of February, 1996, the accused Samsuk Sheikh came to the house of the informant when she was alone and her parents were absent. He caught her hand with a proposal to have sexual intercourse but she opposed it. Thereafter he told that she was a beautiful and helpless girl and so he wanted to marry her. After getting such assurance, the informant relief on his statement and accepted him as her would be husband. Thereafter accused Samsuk Sheikh closed the door and made intercourse with her and returned his home with the accurrence of marriage. It was further alleged that accused Samsuk Sheikh used to have intercourse with the informant but she never opposed it because of the said assurance. In the mean time, in April, 1996 she came to know that she was pregnant. She accordingly gave this hint to the accused that she is going to be a mother so she was to be married but when the informant could not get any reply, she told this fact to her parents. In the last week of May 1996, her father called a Panchayat and she stated everything by sign and signals before the panches and accused Samsuk Sheikh accepted about her pregnancy by him before the Panches and stated that he will marry her. It is alleged that the informant and her parents pressed all the accused persons, including the petitioner, for marriage. Thereafter all of them started abusing the informant and her parents. Thereafter she and her father complained before the members of the Panchayat who made a Panchanama. At that time she was having pregnancy five months. It was, therefore, alleged that accused Samsuk Sheikh spoiled the life of the girl and other accused persons helped him in denial.

(3.) THE learned Counsel put heavy reliance on a decision of the Supreme Court in State of U.P. v. R.K. Srivastava : 1989CriLJ2301 .