Anwat Kumar Choudhary @ Anwat Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8712 of 2023 Arising Out of PS. Case No.-216 Year-2022 Thana- MAJHAULIA District- West Champaran ====================================================== ANWAT KUMAR CHOUDHARY @ ANWAT SAHNI Son of Bhagat Sahni R/o- Jaukatiya Chhota Malahi Tola, Post - Jaukatiya, Ward No.- 10, P.S.- Majhauliya, Jawkatiya, Dist.- West Champaran, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sashikala Devi Wife of Anwat Kumar Chaudhary Daughter of Suresh Prashad Yadav, Resident of Jaukatiya, Malahi Tola, P.S.- Majhauliya, Dist.- West Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rishabh Mishra, Advocate For the Opposite Party/s :

Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 29-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

This application has been filed for quashing of F.I.R vide Majhauliya P.S. Case No. 216 of 2022 for the offences under Sections 363, 366, 493, 376 and 34 of the Indian Penal Code.

Prosecution story in short is that the petitioner commuted at the house of the informant on his motorcycle. One day the accused petitioner drove away the victim girl to his relative's house by persuading and alluring her at Delhi. The accused petitioner continuously established illict physical relationship with her and lastly solemnized the court marriage with her. At the time of marriage, the victim girl was minor.

Patna High Court CR. MISC. No.8712 of 2023(2) dt.29-04-2023 2/2 From reading of the F.I.R., it appears that there are serious allegations against the petitioner and prima facie case is made out against the petitioner.

Considering the aforesaid facts and also the law laid down down by the Hon'ble Supreme Court in case of M/S Neeharika Infrastructure Pvt. Ltd. Vs State of Maharashtra and others reported in (2020) 10 SCC 118, this application is dismissed.

(Sandeep Kumar, J) Harsh/ U T