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 **********************

http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

             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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