Shivtahal Mahto v. The State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10985 of 2019 Arising Out of PS. Case No.-423 Year-2009 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== SHIVTAHAL MAHTO, Son of Late Bindeshwari Mahto, R/o villageCheagauna, P.S- Shikarpur, Dist.- West Champaran ... ... Petitioner/s
Versus
1. THE STATE OF BIHAR AND ANR Bihar
2. Lalsa Devi, Wife of Shivtahal Mahto, D/o Hari Mahto, R/o villageDhumnagar Lali Gadhahii, P.S- Shikarpur, Dist.- East Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jitendra Narain Sinha, Adv.
For the Opposite Party/s :
Ms.Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-02-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner, being the husband of the complainant, is languishing in custody since 20.11.2018 in a complaint case wherein process has been directed to be issued after cognizance being taken for the offence punishable under Section 498A of the Indian Penal Code.
Accusation of torture has been levelled after 14 years of marriage.
It is submitted by learned counsel for the petitioner that in fact the complainant herself deserted the petitioner. A statement has been made in paragraph no.3 of the petition that
Patna High Court Cr.Misc. No.10985 of 2019(2) dt.25-02-2019 2/2 the petitioner is not having any criminal antecedent. Learned APP for the State submits that the thrust of accusation is against the petitioner, being the husband of the complainant.
Considering the nature of accusation and the investigation being concluded, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Bettiah, West Champaran, in connection with Complaint Case No.423 of 2009. (Dinesh Kumar Singh, J) Ashwini/- U T