High Court Patna High Court - Orders

Majister Mahto vs State Of Bihar on 21 December, 2010

Patna High Court – Orders
Majister Mahto vs State Of Bihar on 21 December, 2010
            IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Cr.Misc. No.41425 of 2010
                MAJISTER MAHTO, son of Sri Sarvan Mahto
                                 Versus
                          STATE OF BIHAR
                                -----------

2/- 21.12.2010 1. Heard learned counsel for the petitioner as well as

learned counsel for the State.

2. Petitioner is an accused for offences punishable

under section 498(A) of the Indian Penal Code.

3. Learned counsel for the petitioner submits that

petitioner is the husband of the alleged victim and in fact, the

alleged victim who is daughter of the complainant, never

wanted to live with the petitioner and she herself went to her

maike with her father. Informatory Petition No. 144 of 2009

dated 10.02.2009, filed by father of the petitioner before the

Addl. Chief Judicial Magistrate, Danapur clearly showed that

the alleged victim herself did not want to leave with her

husband and her father took her to his place.

4. On the other hand, learned counsel for State

vehemently opposes the contentions of the learned counsel for

the petitioner and submits that in the complaint it has been

stated by the complainant who happens to be the mother of
2

the alleged victim that she apprehended that the victim had

been killed by the petitioner, hence he submits that this is a

serious matter.

5. It is quite apparent that the F.I.R. was lodged by

the complainant under section 498(A) of the I.P.C. and no

other provision of law has been mentioned, and hence, the

only allegation against the petitioner which is being

investigated is with respect to Section 498 (A) of the I.P.C.. It

is also apparent that the petitioner has remained in custody

since 29.05.2010.

6. Considering the facts and circumstances

aforementioned, petitioner named above is directed to be

released on bail on furnishing bail bond of Rs. 10,000/- with

two sureties of the like amount each to the satisfaction of

Sub-Divisional Judicial Magistrate, Danapur(Patna) in

connection with Complaint Case No. 321 ( C) of 2009.

(S. N. Hussain, J. )
Ashwini/-