(1.) Heard counsel for the parties. This application has been filed challenging the order dated 09.08.2008 passed by the Additional Sessions Judge - IV, Patna in Cr. Revision No. 266 of 2008 and order dated 23.04.2008 passed by Sri Deepak Kumar Singh, Judicial Magistrate, Ist Class, Patna in Complaint Case No. 2214(c) of 2006 wherein the learned courts below have refused to discharge the petitioners for the offences under Sections 420, 406, 379, 323, 211 and 120B of the Indian Penal Code.
(2.) The facts that are relevant to decide the issue in this case are as follows:-
(3.) Rajeev Ranjan Priyadarshi filed an application for restitution of conjugal rights numbered as Matrimonial Suit No. 07 of 2004 in which he has stated at paragraph 16 as follows:-