Patna High CourtCR. MISC./39160/2015disposed

Kishori Mahto And ANR v. The State Of Bihar

2016-04-21Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39160 of 2015 Arising Out of PS.Case No. -68 Year- 2015 Thana -MAHILA P.S. District- NALANDA (BIHARSHARIFF) ======================================================

1. Kishori Mahto, S/o Raohan Mahto.

2. Usha Devi, Wife of Kishori Mahto, .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raj Kishor Prasad, Advocate For the Opposite Party/s : Mr. Anant Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-04-2016 Heard learned counsels for the petitioners and the State.

Petitioner no.1 being the husband of the informant and petitioner no.2 being the alleged second wife of petitioner no.1 are apprehending arrest in a case registered for the offences punishable under sections 341, 323, 504, 506, 307, 498A/34 of the Indian Penal Code.

Basic accusation is of torture and making attempt to strangulate the informant and her son.

Notices were issued to opposite party no.2 vide order dated 25.08.2015 and thereafter vide order dated 11.01.2016 fresh notices were issued to opposite party no.2 but since opposite party no.2 refused to accept the notice, vide order

Patna High Court Cr.Misc. No.39160 of 2015 (6) dt.21-04-2016 2/2 dated 18.03.2016, the notices issued to opposite party no.2, was directed deemed as service. Today also none is appearing on behalf of opposite party no.2.

It is submitted by learned counsel for the petitioners that the petitioner no.1 admits his marriage with the informant but it is the informant who deserted petitioner no.1 as the petitioner no.1 is suffering from leprosy and the informant has performed second marriage whereas the petitioner no.1 has also performed second marriage.

Considering the fact that the informant has chosen not to appear when the notices issued to her twice, it is a case for consideration of prayer for regular bail.

Let the learned Court below consider the prayer for regular bail of the petitioners, preferably on the same day, if the petitioners surrender within a period of six weeks in connection with Mahila P.S. Case No.68/2015, pending before the learned CJM, Nalanda at Biharsharif.

With the above observation, this application is, accordingly, disposed off.

(Dinesh Kumar Singh, J) Ashwini/- U T