IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.164 of 2009 SUDHIR KUMAR MISHRA, S/O Sushil Kumar Mishra, R/O Village-Satlakha, P.S.- Rahika, Distt-Madhubani………..Applicant/Appellant Versus BINDU DEVI. Wife of Sudhir Kumar Mishra, R/O Village- Satlakha, P.S. Rahika, Distt- Madhubani at present residing in Naihar D/O Late Sobha Kant Jha, of Village Sohray, P.S.-Sakri, Distt-Madhubani………….Opposite Party/Respondent ----------- 7. 9-Feb-2010 Heard learned counsel for the appellant on merits of the case and perused the judgment under appeal whereby the Principal Judge, Family Court, Madhubani has dismissed Matrimonial Case No. 24/2008 filed by the appellant for restitution of conjugal rights. From the materials on record discussed in the judgment it is clear that the respondent-wife has lodged a criminal case against the appellant and she has apprehension to her life in going to live with the appellant. She has deposed that her Gotni was given similar treatment of assault etc by the elder brother of the appellant. In the facts of the case, we find no merits in this appeal and hence dismiss the appeal accordingly without going into the issue of limitation. perwez (Shiva Kirti Singh, J.) (Mihir Kumar Jha, J.)