Vishnu Devi v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13395 of 2018 Arising Out of PS. Case No.-296 Year-2017 Thana- BAHERA District- Darbhanga ====================================================== Vishnu Devi Wife of Lalit Mandal, Resident of Village-Mahinam (West Tola) Police Station-Bahera, District-Darbhanga.

... ... Petitioner/s

Versus

1. The State of Bihar

2. Manohar Mandal @ Manohar Kumar Mandal S/o Udan Mandal Resident of Village-Mahinam (West Tola) P.S. Bahera, District-Darbhanga. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Prasad For the Opposite Party/s :

Mr. Sri Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 11-04-2018 The petitioner has sought cancellation of anticipatory bail of the opposite party no. 2 which was granted vide order dated 18.10.2017 passed in A.B.P. No. 264 of 2017 by the learned Sessions Judge, Darbhanga in Bahera P.S. Case No. 296 of 2017 which was instituted for the offences under Sections 363 and 366(A) of the Indian Penal Code.

From the perusal of the order impugned, it appears that the so called victim girl made a statement under Section 164 Cr.P.C. before the learned Magistrate that she, of her own accord, married the opposite party no. 2 after carrying on an affair with him for a long time and since the family members did not accept the marriage, the present case was lodged.

Patna High Court Cr.Misc. No.13395 of 2018(2) dt.11-04-2018 2/2 The court below was also swayed by the fact that the victim had been medically examined and the doctor had found her age to be 18 -19 years.

This Court does not find any reason to interfere with the order.

The petition is dismissed.

(Ashutosh Kumar, J) krishna/- U T