IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39212 of 2007 SUBHADRA DEVI & ORS Versus STATE OF BIHAR & ANR ----------- 5 27.8.2008 Heard learned counsel for the petitioners as also learned counsel for O.P. No. 2 and the learned A.P.P. for the State. The grievance of the petitioners is that in a proceeding under section 9 of the Hindu Marriage Act being Matrimonial Case No. 66 of 2006 between the petitioner no. 1 and the complainant, the Principal Judge, Family Court, Bhagalpur, by judgment and order dated 10.7.2007 held that “ as such it is obvious that applicant Ajay Anand had never treated the respondent Juli Devi with cruelty but respondent Juli Devi had withdrawn herself from the society of the applicant Ajay Anand because any reasonable cause on the false pretence of torturous conduct of applicant Ajay Anand,” and notwithstanding the same Juli Devi the wife of petitioner no. 1, filed the complaint case on false and fictious ground and the learned Magistrate being swayed thereby had illegally taken cognizance of offence against the petitioners. The learned counsel for the petitioners sought to draw my attention to the attitude of nefarious activities of the O.P. which does not auger well with the petitioner. - 2 - Be that as it may all these points are matters which are required to be raised at the time of framing of charge or in course of the trial. Accordingly the petitioners are directed to do so. With the aforesaid observation this application is dismissed as withdrawn. Spd/- (Abhijit Sinha, J.)