SURYADEO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS revision application has been preferred against the judgment of acquittal of opposite party recorded by the 1st Addl. Sessions Judge, Vaishali at Hajipur in Sessions Trial No. 70 of 1994.

(2.) OPPOSITE party no. 2 is the father -in -law of the petitioner/informant and other opposite party are associates or relation of opposite party no. 2. Lalita Devi, daughter of opposite party no. 2 was the wife of the petitioner.

(3.) THE prosecution case, in short, is that the marriage of the petitioner was solemnized on 7.6.1990 with Lalita Devi and thereafter both began to live happily as husband and wife. However, later on the father of Lalita Devi wanted to remarry her daughter with another person. Accordingly, opposite party no. 2 and his other family members on false pretext took away Lalita Devi and got her second marriage performed on 7.4.1991 with opposite party no. 7, Machhu Bhagat. The petitioner on 7.6.1991 lodged a case against opposite party vide Vaishali P.S. Case No. 176 of 1991 and also recovered Lalita Devi. Further case is that thereafter the opposite party on 23.8.1991 as well as on 24.8.1991 came to the house of the petitioner and approached him for compromise of the case. They also met and talk to Lalita Devi. On the next day in the morning Lalita Devi was found absent from the house alongwith ornaments and other articles. The petitioner went to his Sasural and searched his wife but the house was found locked.