Bhola Mahto v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14141 of 2017 Arising Out of PS.Case No. -11 Year- 2016 Thana -MAHILA PS District- DARBHANGA ====================================================== Bhola Mahto s/o Late Ram Khelawan Mahto r/m - Andhiriya Bagh, P.S. Laheriasarai, District - Darbhanga .... .... Petitioner/s

Versus

1. The State of Bihar

2. Niro Devi w/o Bhola Mahto presently residing at mohalla Maharajganj Pokhar Ansari Bazar, in the house of Umesh Mahto, P.s. - Laheriasarai, District - Darbhanga .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Navesh Nandan, Adv. For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 25-05-2017 Heard both sides.

The petitioner apprehends his arrest in Mahila P.S. Case No. 11/2016, registered for the offences punishable under Section 498(A) and other sections of the Indian Penal Code. The informant alleged that her husband, his second wife and others used to subject her to torture. The informant made Bhola Mahto (petitioner) and his family members accused in this case. She disclosed that she got two daughters from her first husband and her first husband solemnized second marriage only because the informant gave birth to female child. Learned counsel for the petitioner submits that the informant was earlier married to Jugal Mahto who died. The

Patna High Court Cr.Misc. No.14141 of 2017 (2) dt.25-05-2017 2/2 informant started living with Sushila Devi wife of the petitioner, as her condition was precarious, but she started claiming to be the wife of the petitioner. The petitioner never solemnized marriage with the informant.

Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Darbhanga in connection with Mahila P.S. Case No. 11/2016 corresponding to T.R. No. 3641/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Jha, J.) Vinita/- U T