IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4255 of 2008 MUKESH KUMAR Versus THE STATE OF BIHAR & ANR ----------- 4/ 30.4.2010 After having heard learned counsel for the parties, the court feels that the proceeding of Complaint Case no. 493 of 2006/ Tr. No. 395 of 2007 in the court of S.D.J.M., Jehanabad may not be quashed on the ground that the petitioner was being tortured by the wife and it was not the act of the petitioner because the petitioner was refusing to live with her at her parents’ house. Learned counsel for the petitioner has pointed out that the petitioner was extremely desirous of living with the wife. On the other hand, learned counsel for the complainant submitted that the petitioner had married another lady and was not desirous of taking the lady back. Be that as it may, as regards the stands of the parties on the marital status of the petitioner, the proceedings could not be quashed in the light of the facts. However, I may direct the learned S.D.J.M. Jehanabad to ensure by issuing a notice that the lady appears before him on any date to be fixed by him on which date the petitioner shall also appear personally and the learned S.D.J.M. shall make all attempts for convincing the parties to live together. As regards the constitution of the offence, that could be within the domain of the learned court to consider it at the 2 appropriate stage while hearing on charges. The petition is disposed of with the above direction/observation. Anil/ ( Dharnidhar Jha, J.)