AKSHAY SINGH @ AKSHAY KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed by the petitioner for quashing the FIR of Patliputra P.S. Case no. 380 of 2018 registered for offence under sections 376, 420 and 506 of the Indian Penal Code.

(2.) As per the prosecution case narrated in the FIR being Patliputra P.S. Case no. 380 of 2018 registered on 29.08.2018 for the offence under sections 376, 420 and 506 of the Indian Penal Code, the informant states that she came in contact with the petitioner on facebook and became friends. About two years back they married in a temple. She states that he is married from before and hiding this fact, the petitioner married the informant.

(3.) It is stated that the informant was a widow and a mother of one child. The informant further states that the petitioner assured her of his love and that he would remain with her for her entire life. Accepting the assurance, the informant entered into marriage with the petitioner. It is further stated that about a year after marriage, the petitioner's wife Rami Mishra started to abuse the informant on phone. She came to the informant's house and abused her in filthy language. It was then that the informant came to know that her husband was married from before. It is further stated that on confronting her husband about his first marriage, he misbehaved with her and also beat up her. Thereafter, he started to torture the informant and about 7-8 months back cajoled her into parting with Rs. 13 lacs for purchase of a vehicle. The informant states that now neither the petitioner was giving her the vehicle nor returning the amount. It is further stated that the petitioner tortured her physically and economically and continued to forcibly establish physical relationship with her. On 22.08.2018, the informant states that he abused her on the facebook and has threatened to kill her. It is finally stated that under the influence of intoxicants, he abused and threatened her and as such she was compelled to lodge the FIR.