IN THE HIGH COURT OF JUDICATURE AT PATNA Cr Misc No 33237 of 2010 Ritesh Ranjan, son of Sri Brajesh Kishore Sharan, presently posted as Junior Hindi Translator, Atomic Minerals Directorate for Exploration & Research (North Eastern Region), Department of Atomic Energy, Government of India, P O – Assam Rifles, Nongmynsong, District – East Khasi Hills, Shillong - Petitioner Versus THE STATE OF BIHAR - Opposite Party ----------- 3 22.12.2010 The petitioner is the husband who apprehends arrest in Complaint Case No C - 1748 of 2009 filed under Sections 498A, 323, 504, 379/34 of Indian Penal Code and pending before the Subdivisional Judicial Magistrate, Sadar Motihari, East Champaran. The complainant is the wife of the petitioner and is represented. Heard the parties. From the facts, it is clear that the couple were married on 09.07.2008. On 13.07.2009, petitioner filed Matrimonial Civil Suit No 691 of 2009 before the Family Court at Balasore, Orissa which has now been transferred to Motihari. The ground for seeking divorce was desertion and incurable schizophrenic. Notices in these divorce proceedings were served on the complainant on 01.08.2009 and it is one week thereafter on 10.08.2009, the present complaint has been lodged. Petitioner has annexed medical prescriptions of the girl given by eminent senior doctors which clearly suggest that immediately a couple of days after marriage, she was examined and diagnosed as suffering from schizophrenic which fact was hidden at the time of marriage. She has since given birth to a girl child. It would be inadvisable for this Court to go into allegation and counter allegations at this stage. 2 Be that as it may, considering the aforesaid facts, the petitioner abovenamed, in the event of his arrest/surrender within six weeks from today, shall be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Subdivisional Judicial Magistrate, Sadar Motihari (East Champaran) in Complaint Case No C – 1748 of 2009, Trial No 3890 of 2010 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code. M.E.H./ (Navaniti Prasad Singh)