IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.53052 of 2006 DHARMENDRA GUPTA Versus STATE OF BIHAR & ANR ----------- 10/ 26.03.2009 Heard learned counsel for the petitioner and the State. Petitioner has been accused for causing cruelty upon his wife for his act of having illicit relation with one Ela Bishwas. There is specific assertion regarding abuse, assault even ousting of the wife which is denied by the petitioner that letter of his wife Rekha Bharti (Annexure-5) is there that relation in between the wife and the husband was too sweet and it was the father only to come between them even of his instigation this F.I.R. was lodged. But this letter in itself if is conceded by the act of the parties before a Bench of this Court that several attempts were made by the Bench as well as by the Court to reconcile their differences and they were proceeding ahead step by step but could not finalized rather petitioner’s anticipatory bail vide Criminal Misc. No. 52515 of 2006 in which reconciliation was dismissed and later it is said that the wife is dead now. According to the counsel for O.P. No. 2 she was killed by this petitioner while submission of learned counsel for the petitioner is about the natural death but in the 498A proceeding killing was apprehended. Thus liability which could be fixed upon the petitioner is increased now. It is not fit case in which petitioner can be exonerated from the liability levelled upon him. This application is dismissed accordingly. S.Sb/- (Mandhata Singh, J.) - 2 -