IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41210 of 2008 KANHAIYA KUMAR S/O-Sri Upendra Singh, R/O-Village-More, P.S.-Mokama, Distt.-Patna. …………………………………………..Petitioner. Versus STATE OF BIHAR ----------- 3/ 19.01.2009 Heard learned Counsel for the petitioner, learned Counsel for the State and learned Counsel for the informant. The petitioner is accused of the case which has been registered under Section 498-A and some other Sections of the Indian Penal Code. Submission is that prior to the present complaint a case under Section 11 and 12 of Hindu Marriage Act for annulment of the marriage was filed. When the complainant knew about the filing petition for annulment of the marriage then this complaint has been filed. The petitioner has denied the marriage and has submitted that he was actually kidnapped and was kept confined for two days and was also administered some intoxicants. Under the influence of intoxicants he remained ignored of the marriage. The marriage of the petitioner was performed while he was minor so the marriage itself is a null and void itself. Learned Counsel for the complainant has produced photographs carrying pictures and has - 2 - submitted that it was a valid marriage and thereafter the complainant has been tortured in connection with dowry related demand. It appears that this Court has considered this matter and by order dated 20.10.2008 has directed the petitioner to take steps to bring at home his wife and keep her with all dignity and care. This has not been given complete goby but the petitioner has denied the marriage. Considering the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner. Accordingly his prayer for anticipatory bail is rejected. kksinha/ (Shyam Kishore Sharma, J.)