IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.563 of 2010 NIDHI KUMAR @ NIDHI PRASAD & ORS Versus THE STATE OF BIHAR & ORS ----------- 2 26.07.2010. The petitioners pray for quashing the F.I.R. of Kotwali Police Station Case No. 155 of 2010, dated 16.5.2010 instituted under sections 304B/201 and 34 of the I.P.C. on the written report of one Damodar Prasad, father of the deceased, namely, Punam Kumari. Learned counsel for the petitioner submits that the deceased was suffering from mental illness, for which she was being treated by different doctors which would be evident from annexure 2 itself. He further submits that no case under section 304B of the I.P.C. would be made out against him, as from the fard beyan of informant giving rise to aforementioned Kotwali police case, the marriage had taken place 10 years back and not within 7 years which is essential for making out case under section 304B I.P.C. He further submits that he had taken LIC policies making the deceased as nominee in the papers, so there being good relation, it is improbable that he would kill her. Attention is drawn towards several prescriptions of doctors who treated the deceased. Petitioner has also annexed an undated letter said to be written by the deceased addressed to him stating about her mental disease as contained in annexure 8. In view of the facts and circumstances of the case, this Court observes that if the petitioner represents to the I.O. of the case 2 as well as the Superintendent of Police, Gaya, they will look into the matter before submission of report under section 173(2) Cr.P.C. Shashi. ( Samarendra Pratap Singh, J.)