IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42686 of 2008 KISHORE KUMAR THAKUR @ KISHORE KUMAR, son of Sri Minkant Thakur, village Bhakua, PO Mohanpur, PS Nauhatta, District Saharsa, present resident at C/o Balram Rai Road No. 15, Gardanibagh, Dist. Patna – Petitioner. Vs. 1. The State of Bihar, 2. Anu Radha Kumari, daughter of Sachchidanand Jha, Mohalla Shiv Nagar, Anisabad, PS Phulwari Sharif, Dist. Patna – Opp. parties. 2 5.10.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner, who is the husband, has challenged the order, dated 15.9.2008 passed in S. T. No. 1121/2005 arising out of Phulwari Sharif PS Case No. 77/2004 by which the court below has refused to discharge the petitioner for the offences alleged to have been committed under section 498A of the Penal Code. The opposite party no.2 has filed the F.I.R. alleging cruelty against her husband. She has also filed a divorce case before the Principal Judge, Family Court, Patna. Eventually divorce was granted to her on the ground of cruelty. Learned counsel for the petitioner submits that the petitioner, on the other hand, has filed an application for restitution of conjugal rights but his wife has refused to live with him and has thereby caused torture to him. Considering the facts aforesaid I do not think it a fit case for interference in the impugned order. This application is dismissed. 2 However, all the issues raised by the petitioner will of course be considered at the time of the trial without being prejudiced by the dismissal of this application. haque (Sheema Ali Khan, J.)