IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10840 of 2009 UPENDRA KUMAR MISHRA @ UPENDRA MISHRA SON OF LATE DR. BALINDRA KUMAR MISHRA, R/O VILLAGE GANGAULI, P.O. ;CHAKARA, P.S. GIRADAI, DISTRICT- SIWAN. Versus STATE OF BIHAR ----------- 2. 20.8.2009. Petitioner-husband is apprehending his arrest in a case registered for the offence under section 498 and 406 of the Penal Code and ¾ of Dowry Prohibition Act. It is submitted on his behalf that he entered into wedlock with the complainant as he was not told earlier that she is mentally ill. Having learnt about her mental illness a petition seeking annulment of marriage was filed. It appears from the contents of the prescription (Annexure-3) at page-28, which is Discharge Summary of Sheel Hospital that the complainant was referred to a Psychiatrist. It does not appear from page- 28 that the complainant was treated for mental illness and her mental illness is such that it is difficult for the petitioner to continue the matrimony with her. In the circumstances, I direct the petitioner to appear in the court below within four weeks from the date of receipt of - 2 - a copy of this order in the court below where after he(Upendra Kumar Mishra @ Upendra Mishra) should be admitted to the privilege of provisional bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Siwan in Complaint Case No.1183 of 2008, subject to the condition as laid down under section 438(2) Cr.P.C. and thereafter, the complainant should be asked to appear in the court below and the court below should refer her to a Psychiatrist in any of the medical college of the State for examination and report and if the mental illness of the complainant is likely to be cured the petitioner should persuade the complainant to join the matrimonial home and continue her mental treatment. The court below shall monitor the matrimonial relationship between the parties until such time, the court below is satisfied that matrimonial peace prevails between the parties where after the provisional bail of the petitioner shall be confirmed. It is however made clear that if petitioner in the - 3 - N.H./ meantime does not cooperate in treatment of the complainant, then the court below shall pass appropriate orders, even recalling the order admitting the petitioner to provisional bail. ( V.N. Sinha,J.)