IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46015 of 2008 PANKAJ KUMAR Versus STATE OF BIHAR ----------- 2. 18.12.2008 Heard Sri Ram Sumiran Rai, Advocate for the petitioner, Sri Jai Prakash Singh, Advocate for the Informant and the learned A.P.P. for the State. The petitioner is the husband of the complainant and is in custody. The facts are admitted that the petitioner was married to the complainant in 1999 and there was a female child borne to the couple out of the wedlock. It is also not disputed that the couple were poles apart from each other and the petitioner had filed a matrimonial petition also and that stands dismissed on account of non-prosecution. The allegation is that there were illtreatment and torture meted to the complainant and there had been Panchayaties also who were convened by the father and brother of the complainant but those could not have any sadening effect upon the petitioner and he continued revelling in heaping atrocious acts upon the lady. The petitioner wanted that the cost of the treatment, the fees of the doctor and other expenses to be met on the treatment of the lady, should be borne by her parents and he, as such, heaped more atrocities upon the lady so much so that the lady had - 2 - to be brought back by her brother to his house and she was residing there. The defence is that the lady was living in adultery with a man of the village of her parents and, as such, was not ready to reunite with the petitioner in spite of his repeated requests in that behalf to her. In support of the contention, the petitioner has annexed a copy of the matrimonial petition. But, I find that the name of the man has not been disclosed in the petition though the petitioner knew that he was a co-villager of the lady. I further find that the petitioner could not prosecute the petition(Annexure- 2) before the proper court so as to raising an inference of probabilities. It is contended that the petitioner expelled the lady and kept her child with him. The court feels that it was yet another act of atrocity towards a mother. Petition is dismissed. B.Kr. ( Dharnidhar Jha, J. )