ANIL KUMAR SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned counsel for the opposite party no. 2 and the learned counsel for the State.

(2.) This application, under Section 482 of the Code of Criminal Procedure, is directed against the order dated 18.03.2011 passed in Complaint Case No. 2764 of 2010/ Tr. No. 3761 of 2011, whereby the learned Judicial Magistrate Ist Class, Gopalganj, summoned the accused-petitioner, on inquiry, under Section 204 of Cr.P.C finding the prima facie case, under Section 500 of the Indian Penal Code.

(3.) The facts leading to this application is that complainant-opposite party no. 2 performed the marriage with Dr. Anupma Tandon and out of their wedlock, one male child namely, Master Kislay Ranjan, born. Thereafter, the dispute arose in between the complainant-opposite party no. 2 and his wife, Dr. Anupma Tandon, on which, Complainant-opposite party no. 2 filed the Matrimonial Case No. 2 of 2008 for divorce and also filed a petition for permission to visit to see his son, Master Kislay Ranjan, who was studying in Sanskriti School, Shiv Shankar Marg, Near M.D.S. University, Ajmer, Rajsthan, where the petitioner was posted as Principal. On receiving the summon of the said matrimonial case, Dr. Anupma Tandan, wife of complainant-opposite party no. 2 filed a petition before the Hon'ble Supreme Court, the Petition (Civil) No. 195 of 2008 for transfer of Matrimonial Case No. 2 of 2008, in which, complainant-opposite party no. 2 appeared and the dispute in between the complainant-opposite party no. 2 and Dr. Anupma Tandon was settled in terms of the agreement entered in between them in relation to the custody of child Master Kislay, which is as under.