IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33028 of 2009 1. Rakesh Kumar Singh @ Gattu Singh, son of Harendra Kumar Singh, 2. Harendra Singh @ Sudhir Singh, son of Upendra Singh, 3. Vina Devi, wife of Harendra Singh, all of village Sahur, at present Jamui, PS and District Jamui. 4. Kaushalendra Kumar Singh, son of Upendra Narayan Singh, 5. Dwijendra Narayan Singh, son of Upendra Singh, 6. Ravindra Kumar Singh, son of Upendra Singh, residents of village Sahur, PS and District Jamui p Petitioners. Vs. 1. The State of Bihar, 2. Shobha Devi, wife of Rakesh Kumar Singh, at present Shankar Singh Colony, permanent resident of village Sahur, PS and District Jamui – Opp. Parties. 3.11.2009 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. The complainant has filed a case earlier on 29.3.2008 under section498A of the penal Code. The complainant’s husband has filed a case for restitution of conjugal rights. During the proceeding re- conciliation took place and the complainant went to the house of petitioner no.1. After reaching there, petitioner no. 1 filed a case that the lady had come to his house and left with all her articles for which a police case (Annexure 2) was instituted. The complainant filed a case that in fact after reaching her husband’s house, she was asked to withdraw the earlier case. She was further told that she would only be permitted to live in her husband’s house if she withdrew the earlier case. She alleges ill treatment and threat by all the accused persons. Her brother came to visit her and thereafter seeing her condition took her to her parents’ house. Learned counsel for the petitioner submits that the filing of second case amounts to double jeopardy. 2 In my opinion, the cause of action is quite different. This is a simple case of torture and there is no question for the second case of demand of dowry. In case the court finds that a case is made out against the petitioner, then the court may consider on hearing of the case relating to the dispute between the parties together so that there is no conflicting orders by different courts. This application is disposed of with the aforesaid directions. haque (Sheema Ali Khan, J.)