IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21076 of 2001 RAJBANSH RAI & ANR Versus STATE OF BIHAR & ANR ----------- 5. 18.8.2010. Heard Sri Devendra Kr. Sinha, learned counsel appearing for the petitioners and also heard Sri Yogendra Kumar, learned A.P.P. for the State. Generally the courts are sensitive to issues of torture by her husband, but when the allegations come after 40 years of marriage that the husband married another lady and that too 16 years earlier to the filing of the complaint petition, and as such she was driven out of her wed-lock, the courts are generally very slow in acting on such allegations and if that happens in face of the fact that the lady appears litigating with the husband to seek partition of the joint family property along with her son as may appear from Annexure-4 to the present petition which is a copy of the plaint filed by the lady and her son, upon which Title Suit No.362 of 1998 was registered. In such a situation and in view of the litigation between the spouses and their children, it simply appears a fact highly improbable and absurd, - 2 - that the incident could occur one year after filing of the suit. Probably, Complaint Petition No.224 of 1999 was only by way of feeding fat the grudge and malice of the lady which she was nursing against the husband. Keeping that in view the whole proceeding in the complaint petition is hereby quashed. Petition is allowed. B.Kr. ( Dharnidhar Jha, J. )