IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44611 of 2009 1. REKHA DEVI W/O SRI DILIP KUMAR MAHTO , D/O SHRI DHOLAN MAHTO R/O VILL VIDYAPATINAGAR,P.S.VIDYAPATINAGAR,DISTT-SAMASTIPUR Versus 1. THE STATE OF BIHAR 2. DILIP KUMAR MAHTO S/O SRI HARI NARAYAN MAHTO R/O VILL GODARIA, P.S.BIBHUTIPUR, DISTT-SAMASTIPUR ----------- 4 8.7.2010 This application has been filed for cancelling the bail granted to the petitioner. The submission on behalf of the petitioner is that it had been wrongly stated before this Court that a divorce suit numbered as 27 of 2008 has been filed by the husband of the petitioner in the Family Court, Samastipur on 23.2.2008. This Court on perusal of the facts finds that in fact the divorce suit was filed on 23.2.2008 which was dismissed for default on 21.7.2009 whereas the bail application was filed on 2.4.2009. Later it transpired that the case which was dismissed for non-prosecution was restored on 1.6.2010. In any event the reason for granting bail to the petitioner was that the petitioner had filed a divorce suit earlier to the filing of the criminal case and, therefore, this Court finds that there is no suppression of facts on behalf of the husband Dilip Kumar Mahto. In the result, this application is dismissed. Sanjay (Sheema Ali Khan, J.)