LALITA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two applications have been filed by the petitioners challenging the order dated 6-11-1992 passed by Sri. R.P. Singh, Judicial Magistrate, pt Class, Arrah, in Case No. 311 (C) of 1990 (Tr. No. 850 of 1992). Hence these applications were heard together and are being disposed of by this common order.

(2.) By the impugned, order, the learned Judicial Magistrate rejected the application filed by the petitioners for their discharge from the charges levelled against them alleged to have been committed by them under Section.494 of the Indian Penal Code.

(3.) The prosecution story, in brief is that apposite party Na. 2, the complainant, filed complaint case No. 311 (C) .of 1990 in the Court of the Chief Judicial Magistrate Arrah, against the petitioners far committing offence punishable under Section 494 of the Indian Penal Code. It was alleged by the complainant that she is legally married wife of the petitioner Dwarika Nath Rai. She gave birth of six children. Further allegation is that the husband .of the complainant developed illicit relation with the petitioner Smt. Lalita Devi wha is legally married wife of Balmiki Sharma. The petitionerTs husband has finally married with the accused petitioner Smt. Lalita Devi in Aranya Devi Temple, Arrah, Police Station Arrah town, District Bhajpur. According to the complainant, therefore, the petitioners are guilty .of the .offence punishable under Section 494, IPC.