Crl.Misc.No.15408-M of 2008 -1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc. No.15408-M of 2008 Date of Decision: 9.7.2008. Giano Devi ..Petitioner. Vs. State of Haryana ..Respondent. CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN Present:- Mr.Rakesh Nehra, Advocate for the petitioner. Mr.S.S.Goripuria , DAG Haryana. Ms.Sharmila Sharma,Advocate for the complainant. RAKESH KUMAR JAIN, J. This is a petition under Section 438 Cr.P.C. in a case registered vide FIR No.250 dated 10.5.2008, under Sections 420, 376, 506, 120-B IPC, at P.S. City, Jind, District Jind. Tersely, the allegations are that the complainant is a widow having two minor children. Rajinder son of Lilu Ram advertised a post in the newspaper for service in his Rajindra Pollution Centre, Chandigarh. The complainant being in great need of work, contacted Rajinder, who came to her place at Jind and offered her job on a salary of Rs.7000/- per month apart from Crl.Misc.No.15408-M of 2008 -2 - accommodation at Chandigarh, which was accepted by the complainant. It is further alleged that Rajinder stayed back at Jind and allured the complainant that since he is unmarried, the complainant can live with him as his wife with whom he will marry and also look after her children. It is further alleged that Rajinder deceitfully made physical relation with her repeatedly and also promised that he will marry her and give her appointment letter for the job. It is further alleged that complainant was taken to House No.449, Sector 19, Panchkula where she met Giano Devi, petitioner, who posed herself as tenant. But in fact she is the wife of Rajinder, who had helped him in committing illegal act with her. It was further alleged that subsequently, Rajinder refused to marry her and in this manner, he has sexually exploited and raped her on the false assurance of giving service and her marriage. Counsel for the petitioner has contended that all the allegations of allurement for marriage and rape are against Rajinder and not against the petitioner. I have heard the counsel for the parties. The petitioner being the wife of Rajinder, herself is a victim of cheating by him. Thus, without expressing any opinion on the merits of the case, the present petition is allowed. In the event of arrest, the petitioner shall be released on bail by the Arresting/Investigating officer on her furnishing bail bonds to his Crl.Misc.No.15408-M of 2008 -3 - satisfaction. The petitioner shall further abide by the provisions of Section 438(2) Cr.P.C. (Rakesh Kumar Jain) 9.7.2008 Judge Meenu