IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.41257 of 2007
MANOJ PRASAD & Ors.
Versus
THE STATE OF BIHAR
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8. 09.07.2008. Heard learned counsel for the petitioners and the State.
Petitioners are the husband, brother-in-law and father-in-law
of the complainant. They are apprehending their arrest in connection
with a complaint case registered for the offences under Sections 498A,
406, 323 and 380 of the Penal Code and Sections 3 and 4 of the
Dowry Prohibition Act. It is submitted on their behalf that the
complainant is insane, which fact can be verified by putting her to a
psychiatry test and for such test petitioners even deposited Rs. 5,000/-
and thereafter the complainant was subjected to psychiatry test in the
Patna Medical College Hospital. The report of the Superintendent of
the Patna Medical College Hospital is dated 17th June, 2008,
wherefrom it appears that the complainant was subjected to test by
clinical psychologist who found her to be slow and of average
intelligence which may be a case of border line retardation.
According to the learned counsel for the petitioner case of border line
retardation is nothing but insanity.
I regret not to accept the aforesaid submission because
border line retardation is not insanity; it is only weakness of the
mind, which has nothing to do with insanity.
As petitioners- husband and the in-laws are not inclined to
continue the matrimonial relationship with the complainant on a
frivolous ground, I am not inclined to admit them to the privilege of
bail in the event of arrest. Their prayer for bail is, accordingly,
rejected with direction to them to surrender in the court below within
four weeks from today in connection with Complaint Case No. 29 of
2007 and apply for regular bail, which should be considered in
accordance with law. Interim protection granted under orders dated
28.11.2007/17.12.2007 is vacated.
(V.N.Sinha,J.)
P.K.P.
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