IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.55951 of 2007 SUBHASH CHANDRA JHA Versus STATE OF BIHAR ----------- 5 08.08.2008 Heard learned counsels for the petitioner, informant and the State. A reply to the counter affidavit has been filed on behalf of the petitioner annexing the prescription of the treatment of receipt of the purchase of medicines. Petitioner is an accused in a case registered for the offence under sections 498A of the Indian Penal Code. It has been submitted on behalf of the petitioner that the present complaint has been filed in retaliation of an earlier matrimonial case for declaration that the marriage of the petitioner with the daughter of the complainant is void vide Matrimonial Case No. 21 of 2006, as contained in Annexure-2 to the petition. It is further submitted that the complainant although has filed the complaint against the petitioner as well as his parents, however there is no specific allegation against this petitioner attracting the alleged offence. It is further submitted that as a matter of fact the daughter of the complainant was not mentally well from before the marriage with this petitioner which according to him would be evident on perusal of the medical prescription and the medicines taken by the daughter of the complainant. 2 Learned counsel appearing for the complainant, on the other hand, submits that on perusal of the report of the Discharge Summary given by Patna Medical College & Hospital, Patna on 2nd of July, 2008, it would appear that it was found that the mental condition of the daughter of the complainant was within normal limit upon an observation for about a week. Learned counsel further submits that the petitioner has filed a matrimonial case on the false grounds which are in order to escape from the wed-lock of the marriage with the daughter of the complainant. It is further contended that the daughter of the complainant is still ready to live with the petitioner as legally wedded wife. Considering the submissions, as noticed above, the allegations levelled in the complainant case as well as the matrimonial case filed by the petitioner as also the certificates annexed with the counter affidavit and the reply to the counter affidavit, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, Subhash Chandra Jha be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Saharsa, in connection with Complaint Case No. 699 ( C) of 2006 subject to the conditions as laid down under section 3 438(2) of the Code of Criminal Procedure. However, in the light of the rival submissions of the parties with regard to mental condition of the daughter of the complainant and the respective certificates contained in the counter affidavit and reply to the same, it will be open for the parties to take their respective stand before the appropriate Court. It is also made clear that this court has not expressed its view over the aforesaid certificates filed by the petitioner as well as the opposite party. It goes without saying that the parties will be at liberty to amicably settled their differences. Manish/- ( Shailesh Kumar Sinha,J.)