AEKATA ROY @ EKTA ROY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present petition has been preferred by the petitioner, Ekta Roy against the order of the learned court below dated 27.7.2006 by which her petitions for discharge stood rejected along with other co -accused persons.

(2.) THE petitioner has been arrayed as an accused alongwith other accused persons allegedly having married with accused NO.1, Ran Vijay Prasad Deo during the lifetime of complainant O.P. NO.2, Poonam Singh. Cognizance was taken against the petitioner and others and they were summoned to face trial in complaint Case No. 781 of 2004. The complainant has examined herself alongwith witnesses in support of the allegations.

(3.) MR . Rajiv Ranjan, learned counsel for the petitioner, submitted that the petitioner has no knowledge about the previous marriage of co -accused with the complainant, which admittedly took place in the year 1988. It is further submitted that as per allegations, her marriage with co -accused took place at Delhi on 1.11.1996, during which period the O.P. NO.2 was not living with the co -accused. According to the learned counsel the petitioner, she has no knowledge that co -accused Ran Vijay Deo was earlier married, she got married with him under "Arya Samaj" at Delhi. Therefore the complicity of the petitioner under Sections 494/109 IPC could not be made out.