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Patna High CourtCR. MISC./18089/2018rejected

Sohan Mahto @ Suham Mahto v. The State Of Bihar

2018-04-09Mr. Justice Prabhat Kumar Jha2 pages

Patna High Court Cr.Misc. No.18089 of 2018 (2) dt.09-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18089 of 2018 Arising Out of PS.Case No. -80 Year- 2017 Thana -PATEPUR District- VAISHALI(HAJIPUR) ======================================================

1. SOHAN MAHTO @ SUHAM MAHTO S/o Suraj Mahto, R/o VillageAbakarpur Kauwhi, P.S.- Patepur, District- Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rina Sinha For the Opposite Party/s : Mr. Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-04-2018 Heard both sides.

The petitioner apprehends his arrest in Patepur P.S. Case No.80 of 2017 registered under Sections 306 and 34 of the Indian Penal Code.

The informant, brother of the deceased alleged that Sohan Mahto, husband of his sister and others used to torture his sister on one pretext or other. For last one year, Sohan Mahto had illicit relation with another woman and that is why he assaulted his sister. Consequently his sister fled away with her child and later on, their dead bodies were recovered from a pond. The learned counsel for the petitioner submits that deceased had mental problem. There is omnibus and general allegation but it appears from perusal of F.I.R. itself that petitioner

Patna High Court Cr.Misc. No.18089 of 2018 (2) dt.09-04-2018 who is the husband of the deceased used to torture his wife on one pretext or others only because he had illicit relation with another woman and that is why wife of the petitioner committed suicide. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) Saurabh/- U T