Daily Archives: June 24, 2015

A Husband is arrested and Jailed for one and half years. The Hon Patna HC is shocked !!.

A Husband is arrested and Jailed for one and half years as a result of a 498a complaint. The Hon Patna HC is shocked !!. The HC clearly mentions the misuse in it’s order

Granting Bail, the Hon HC says “…This case indeed discloses the extent to which the provision of Section 498A, IPC has been misused and as to how the legal system was unkind to the petitioner…..” “..For the past and one and-a-half years the petitioner is in prison. Even if he is held to be guilty of the offence alleged against him, the sentence cannot be that much….”

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IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39340 of 2014

Arising Out of PS.Case No. -1334 Year- 2012 Thana -PATNA COMPLAINT CASE District-PATNA

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Md. Quasim @ Md. Kashim @ Md. Quasim Ansari, son of Md. Nabi Alam,

resident of village Phauladipur, PS Shakurabad, District Jehanabad…. ….   Petitioner

Versus

The State of Bihar…. …. Opposite Party

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Appearance :

For the Petitioner/s           :       Mr. Uday Narayan Singh

For the Opposite Party/s         :   Mr. Rita Verma, APP

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CORAM: HONOURABLE THE CHIEF JUSTICE

ORAL ORDER

2 16-01-2015

This case indeed discloses the extent to which the provision of Section 498A, IPC has been misused and as to how the legal system was unkind to the petitioner.

On a complaint submitted against the petitioner by his wife, the police registered a case under Section 498A, IPC. He was arrested on 13.6.2013. The petitioner moved BP No. 81 of 2014 before the court of Additional Sessions Judge-I, Danapur which was rejected on 28.5.2014. Therefore, this application.

Heard Mr. Uday Narayan Singh, learned counsel for the petitioner and Ms. Rita Verma, learned APP.

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For the past and one and-a-half years the petitioner is in prison. Even if he is held to be guilty of the offence alleged against him, the sentence cannot be that much.

This application is allowed. The petitioner shall be released on bail on furnishing bail bond of Rs.10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Danapur, Patna, in connection with Complaint Case No. 1334 c of 2012.

(L. Narasimha Reddy,CJ)

mrl U

*****************************disclaimer**********************************

This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon or High court websites. Some notes are made by Vinayak. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog and if you are reading this on tumblr please post responses as comments at vinayak.wordpress.com . Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.

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CASE FROM JUDIS / INDIAN KANOON WEB SITE

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Mother of 20yr old son & 2 married daughtrs files 498A. Patna HC says ‘example of MISUSE’. Bail granted ! Extent of Misuse if un imaginable

Misuse of 498a is Rampant all over India. Trivial incidents are turned into criminal cases. Here is a woman with a 20 year old son and 2 married daughters who has a petty quarrel with her husband (husband asked money from Son !! ) and goes and files a 498a case !! The Husband is running for a bail ! Imagine the amount of lawyer’s fee that would be wasted the time wasted and the agony of going thru the process. Imagine the amount taxpayer money that is wasted on such false and frivolous cases. It’s equally sad that such women are NOT given strict punishment for wasting their lives and lives of others

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Excerpts

“…Rs. 10,000/- was demanded by the petitioner from informant’s son that was opposed by the informant which resulted in an incident of assault ..” !!
“…No case under Section 498A is made out even after accepting the allegation …”
“…This case is an example that how the provision under section 498A of the Indian Penal Code is misused….”

*************** CASE from public sources **********************

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             IN THE HIGH COURT OF JUDICATURE AT PATNA
                        Cr.Misc. No.25340 of 2010
                            BIPAT MISTRY
                                  Versus
                           STATE OF BIHAR
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2.

12.08.2010

Heard learned counsel for the petitioner and learned counsel for the State.

No case under Section 498A is made out even after accepting the allegation that informant son is 20 years old, two daughters are married and Rs. 10,000/- was demanded by the petitioner from informant’s son that was opposed by the informant which resulted in an incident of assault took place and she received injury but not grievous in nature.

Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

In the event of arrest or surrender within one month from the date of receipt/production of a copy of this order in connection with Ekangar Sarai P.S. Case No. 42 of 2010 above named, petitioner shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M. Hilsa, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

This case is an example that how the provision under section 498A of the Indian Penal Code is misused.

( Mandhata Singh, J.)

Anand Kr.

*****************************disclaimer**********************************
This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon or High court websites. Some notes are made by Vinayak. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog and if you are reading this on tumblr please post responses as comments at vinayak.wordpress.com . Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.
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CASE FROM JUDIS / INDIAN KANOON WEB SITE
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Save our Honour and our hard earned retirnement money. In Laws run to HC seeking bail. Patna HC grants bail

This case has been filed by the Daughter in law ONLY on the Father/Mother In laws and there is NO case on the husband!

 

It is alleged by the Elders that this is done JUST to pressurize them to part with their hard earned retirement benefits!!.

 

Elderly In laws run for bail and are granted the same at HC

 

No telling how much was lost in legal fees and mental agony

 

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IN THE HIGH COURT OF JUDICATURE AT PATNA

Cr.Misc. No.30666 of 2009

  1. BHAGAT RAM, son of late Govind Ram
  1. Dulari Devi,wife of Bhagat Ram

Both residents of village-Dadara,P.S.-

Bhabua,District-Kaimur (Bhabua) at present

residing at Ward No.25 East Pakhara,P.S.-

Bhabua,District-Kaimur(Bhabua).

Versus

  1. THE STATE OF BIHAR
  1. Anita Devi,wife of Ramashray

Ram,resident of village-Dadara,P.S.-

Bhabua,District-Kaimur at present

residing at Mohalla-

Nuranganj,P.O.+P.S.-Sasaram,District-Rohtas.

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Rest of the case here :

Wife goes back to hubby’s place aftr a first case and compromise. She files 498a again & Hubby arrested this time ! Lesson for taking wife 498a back!

A Wife goes back to her matrimonial home after an initial complaint case and compromise on that initial case. But she leaves the matri home and files 498a (second time complaint case!). This time the Hubby is arrested! This is a good Lesson for all those planning to take back FALSE 498a filing ablaa wife!

There is grave danger in letting in someone who has evil designs of getting you arrested… The second time over they MAY file a much more stronger case! Here, in this case, the hubby is in cooler for approx 6 months before release

“….prior to filing of the present complaint case, the complainant had filed a complaint case against the petitioner, in which, compromise arrived at between the parties and the complainant went to the house of the petitioner but she again left her matrimonial home and filed the present case, which is nothing but only a glaring example of misuse of Section-498A of the Indian Penal Code….”

Say what you want, the husband IS IN JAIL and now the HC releases him on BAIL!

read full post here : http://evinayak.tumblr.com/post/122325131424/wife-goes-hubby-home-aftr-compromise-files-498a