Unrelated villagers roped into 498a. Lower court NOT vigilant, Patna HC orders bail, decries misuse !

Misuse of 498a has become SO very rampant that completely un-related people are roped into 498a and they have to run up to the HC to get bail !!

In this case, quoting the Hon HC “…None can be allowed to misuse the privilege under section 498A of the Indian Penal Code and section 3 / 4 of the Dowry Prohibition Act as a weapon which is to defend a helpless lady. It appears that court’s are not vigilant to prevent this abuse by way of taking cognizance for false prosecution. Petitioners are villagers not relatives of the husband…”

*************** case from public websites ****************

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                         Cr.Misc. No.4083 of 2010

1. BHIKHARI SINGH son of late Methur Singh
2. Shivendra Jha, son of Dinanath Jha
Both are residents of vill.-Chhourahiya, P.S.-Sahiyara, Distt.-Sitamarhi——-Petitioners.
Versus
THE STATE OF BIHAR
***********

2. 3.3.2010 Heard learned counsel for the petitioners and the State.

None can be allowed to misuse the privilege under section 498A of the Indian Penal Code and section 3 / 4 of the Dowry Prohibition Act as a weapon which is to defend a helpless lady. It appears that court’s are not vigilant to prevent this abuse by way of taking cognizance for false prosecution. Petitioners are villagers not relatives of the husband.

Having regard to the facts and circumstances of the case, in the event of arrest or surrender within a period of one month from the date of communication of this order the above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi , in connection with Sahiyara P.S. case no.80 of 2009 , subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. http://evinayak.tumblr.com https://vinayak.wordpress.com http://fromvinayak.blogspot.com

( Mandhata Singh, J. )

Sudip

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