JAYA ROY, J. - (1.) Heard learned Counsel for the petitioner and learned Counsel for the State.
(2.) THE petitioner has filed the instant revision application for setting aside the order dated 8.1.2007 whereby the Court below has refused to discharge the petitioner (Nikhat Jhahan) from Barihatu P.S. Case No. 161 of 2005/S.T. No. 547 of 2006 registered for the offence under Sections 341/323/324/498 -A/307 and 108 of Indian Penal Code against her. This case was instituted on the basis of a written report of the informant Rafat Jahan, wife of Muslim Ahmad Choudhary stating therein that her husband Muslim Ahamd Choudhary after the marriage, started demanding Rs. 5,00,000/ - (five lakhs) and subjecting the informant to mental cruelty on which her brother Sahnawaj tried to reconcile the matter but could not. The further allegation is that on 15.11.2005 in the evening, the husband of the informant entered into the house and started assaulting the informant by leg and fist due to which her teeth were broken and she received bleeding injury in her finger. Thereafter, he dragged her in the kitchen and tried to burn her by pouring kerosene oil on her body but she managed to escape. It is further alleged that her husband has illegal relation with the accused Nikhat Jahan (the present petitioner) and on her instigation he has tried to take away of her life.
(3.) MR . M.B. Tripathy, Senior counsel, appearing for the petitioner, submits that during investigation, the I.O. recorded the statements of thirteen witnesses but they have not stated anything against the petitioner. Furthermore as the petitioner is not a close relative of the husband of the informant, the provision under Section 498 -A, IPC is not applicable to the petitioner.;