IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.40303 OF 2009 JAGAT NARAIN YADAV, SON OF NANDLAL YADAV, RESIDENT OF VILLAGE MAHULI, POLICE STTION ROSERA, DISTRICT SAMASTIPUR VERSUS THE STATE OF BIHAR ********* 3 15/02/2010 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner is aggrieved by the order dated 16.09.2009 by which the Court below has refused to discharge the petitioner for the offences under Section 498A of the Indian Penal Code. Learned Counsel for the petitioner submits that earlier a case was instituted alleging therein that the son of this petitioner was kidnapped for marriage. It is also alleged that the lady in question has left the house out of her own free will and she is infact living with the third person. It is submitted that under those circumstances, the allegations under Section 498A of the Indian Penal Code cannot be levelled against the petitioner. The submissions made on behalf of the petitioner would have to be considered during trial. At this stage, this Court cannot consider all these facts. Naturally, the petitioner would be at liberty to bring on record all the points raised in this application. This application is dismissed. Anand ( Sheema Ali Khan, J.)