Ram Ayodhya Mahto v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44725 of 2015 Arising Out of PS.Case No. -3137 Year- 2013 Thana -EAST CHAMPARAN COMPLAINT District- EASTCHAMPARAN(MOTIHARI) ====================================================== Ram Ayodhya Mahto Son of Jijodhan Mahto@Juryodhan Mahto resident of Village- Bhatahan, P.s Sugaluli District East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Suhagan Devi wife of Ram Ayodhya Mahto, daughter of Ramdeo Singh Resident of Village Bhataha (near Bezar) P.S. Sugauli District East Champaran at present residing at Village Rajpur P.S. Turkauliya, District East Champaran.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shakti Suman Kumar For the Opposite Party/s : Mr. Anil Kr.Singh 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10/ 25-11-2016 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the complainant is apprehending his arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 498A and 323/34 of the Indian Penal Code.

The basic accusation is of torture after 40 years of the marriage.

It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the

Patna High Court Cr.Misc. No.44725 of 2015 (10) dt.25-11-2016 2/2 complainant but the petitioner is suffering from serious ailment and the accusation has been levelled since the complainant and her sons began to sell the ancestral property of the petitioner. The matter was adjourned since last more than a year but the parties failed to resolve the issue. It appears that the issue is not likely to be resolved.

In the circumstances, let the learned court below consider and dispose of the prayer for bail of the petitioner, preferably on the same day, keeping in view of the fact that accusation of torture has been levelled after forty years of the marriage, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Complaint Case No. 3137 of 2013 pending in the court of learned Additional Chief Judicial Magistrate, Motihari, East Champaran.

Accordingly, this application is disposed of. (Dinesh Kumar Singh, J) DKS/- U T