IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49956 of 2008 SHIV KUMAR PANDEY @ DHORAN, son of Shiv Nath Pandey, resident of village-Lakhan Sarai, P.S.Lalganj, District-Vaishali. Versus STATE OF BIHAR ----------- 3. 11.2.2009 Heard Sri Ajay Kumar Thakur, Advocate for the petitioner and the learned A.P.P. for the State. The petitioner husband of the complainant is in custody. The case is under Sections 498A and 494 of the Penal Code. The allegation is that the lady was illtreated and tortured because the husband was not getting a Hero Honda motorcycle from her parents as additional dowry. An attempt was made to persuade the petitioner and others of his family to desist from the acts but of no avail and lastly the lady was brutally assaulted by the petitioner and his family members so much so that she had to be hospitalized where she made the statement. The allegations have been supported broadly by many witnesses examined during the course of investigation and the story of being assaulted, besides being supported by the fact that the lady was hospitalized where she made her statement before the police is also supported by the medical report, a copy of which is annexed to the case diary and which is copied in paragraph 23 of it. The two injuries described at sl.nos.1-2 were as dangerous as could be indicated by the fact that the lady was passing urine mixed with blood and she was coughing blood also. The injuries were located respectively on abdomen and chest of the lady and the dimensions also appears of big. The defence is that the lady was not desirous of coming to - 2 - the house of the petitioner and was residing at her father’s house which resulted in filing a petition by the petitioner before the Lok Adalat and the notices being issued and that petition culminated ultimately into the filing of a report. Differences are of as many hues as could be the present one but the fact is that the petitioner filed the petition before the Lok Adalat which does not bear any date at any part of it and it could be very difficult for a court to place reliance upon it. Regard being had to the nature of the allegations and support which comes from the witness as also the medical report, I do not find any merit in the petition. Petition is dismissed. B.Kr. ( Dharnidhar Jha, J. )