Anand Mohan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50333 of 2019 Arising Out of PS. Case No.-99 Year-2017 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== Anand Mohan, aged about 27 years (Male) Son of Vinod Ray, Resident of Village - Chaupar, P.S.- Nanpur, District- Sitamarhi. ... ... Petitioner

Versus

1.

The State of Bihar 2.

Babita Devi aged about 24 years (F) W/o Anand Mohan , D/o Yogi Rai Permanent Resident of Village - Chaupar, P.S.- Nanpur, Dist.- Sitamarhi. At Present residing in Village - Punaura East, P.S. + District - Sitamarhi. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr.Shiva Shankar Sharma, Advocate For the State :

APP For Opposite Party No. 2:

Mr.Ram Sewak Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 13-08-2019 Heard learned counsel for the petitioner, learned APP for the State as well as learned counsel for the opposite party no. 2.

2. The petitioner apprehends his arrest for the offences alleged under Section 498(A) of the Indian Penal Code registered in connection with Complaint Case No. 99 of 2017.

3. It is submitted that the petitioner has been falsely implicated and as a matter of fact, he was only minor at the time of solemnization of his marriage in the year 2013. The petitioner expresses that he is not ready to keep the opposite party no. 2 as his wife . The petitioner claims clean antecedents.

4. Learned counsel for the opposite party no. 2 submits that the marriage between the parties is legal and valid. It is submitted that the petitioner has been ill-treating the informant and is refusing to treat her as his legally wedded wife. Reference is invited to paragraph 8 of the petition in which on the one hand the petitioner has taken the stand that his is about 20 years of age while he himself

Patna High Court CR. MISC. No.50333 of 2019(2) dt.13-08-2019 2/2 has stated his age as 27 years in the array of the parties. A daughter has been born on 07.09.2015 from the marriage, who is now four years old.

5. Having regard to the nature of accusations and gravity of offence alleged, this Court is not inclined to grant anticipatory bail to the petitioner. The anticipatory bail petition stands dismissed.

(Vikash Jain, J) BT/- U T