IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37831 of 2008 RUSTAM TAILOR @ MD.RUSTAM, S/O LATE MD.SATTAR, R/O VILLAGE-CHANDRAHATTI, P.S. KURHANI, DISTRICT-MUZAFFARPUR. -PETITIONER Versus THE STATE OF BIHAR. –OPP.PARTY 2 25.11.2008 In paragraph 6 of the petition it has been stated that since after marriage, which took place in 1999, the complainant has not given birth to any child despite treatment by several doctors and that the son of the complainant petitioner had married the accused no.4 and some days thereafter the complaint case has been filed with false allegations. The complaint is under Section 498A of the Indian Penal Code. The case of the complainant is that failure to meet persistent demand of dowry while the second marriage was solemnized by the petitioner the complainant was driven out from her matrimonial home. At this stage there is nothing to opine that the second marriage took place with consent. That being the situation, it cannot be said that there is no physical evidence of torture. The application by 2 the husband, accordingly, fails and the same is dismissed. (Barin Ghosh, J.) AAhmad