SANJEEV KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure has been filed against the impugned order dated 26.7.1995 whereby the Magistrate refused to discharge the petitioner.

(2.) Petitioner No. 1 is the alleged husband of the complainant, namely, Rukmini Devi, and other petitioners are Bhainsur and Gotani and alleged mother-in-law.

(3.) The petitioner's lawyer submitted that there is no marriage at all, as alleged, by the informant on 28.1.1992. Petitioner No. 1 had already filed an application on 31.1.1992 for his wrongful confinement in the house of the father of the complainant where forced mutual garlanding of the petitioner and the informant took place on the basis of which a marriage is claimed by the informant. This case was instituted on 19.3.1993. It Was further submitted that since there was no marriage and no co-habitation of the informant with the petitioner No. 1 and his other relations, there is no question of any torture.