RASHMI KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) A piquant situation has arisen in the present case.

(2.) This petition on behalf of Rashmi Kumari is against the order dated 11.06.2013 passed by the learned Judicial Magistrate, 1st Class, Buxar in Complaint Case No. 212(C) of 2012 whereby her prayer for being accorded the right to reside in the shared house-hold, further protection orders, residence order, monetary reliefs and custody orders have been refused on the ground that there was no marriage between Rashmi Kumari/petitioner and Shashank Kumar/O.P. No. 2 as well as against the Appellate order dated 23.09.2015 whereby learned Additional Sessions Judge, V, Buxar has affirmed and upheld the order of the Trial Court.

(3.) The petitioner had got into contact with O.P. No. 2 on telephone and thereafter the intimacy between them increased. They started living as husband and wife and the relationship was continued on the promise by the O.P. No. 2 that he would marry the petitioner after the marriage of his elder brother. This never happened. Later, O.P. No. 2 got his marriage fixed with one Gudiya and when the petitioner came to learn about it, she confronted the O.P. No. 2. It has been alleged by the petitioner that thereafter, a demand of Rs. 5,00,000/-(five lakhs) was put up by O.P. No. 2 and it was told to the petitioner that when such amount would be paid, O.P. No. 2 shall marry her. When this relationship was made known to the other family members of O.P. No. 2, the father of O.P. No. 2 agreed to pay Rs. 5,00,000/-(five lakhs) to the petitioner and her father, but only for ending all such claims by the petitioner. That was not acceptable to the petitioner and she filed a case at Ithari(Buxar) against O.P. No. 2 and others for the offences under Sections 417 , 418 , 376 and 312 of the Indian Penal Code.