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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