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IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.1191 of 2019
Arising Out of PS. Case No.-166 Year-2012 Thana- JAKKANPUR District- Patna
Amit Anand Son of Sri Bhuneshwar Pd. Verma Resident of Mohalla-
Chandmari Road, Gali No. 5, P.S.- Kankarbagh, District- Patna.
… … Petitioner/s
Versus
The State of Bihar
… … Respondent/s
Appearance :
For the Petitioner/s : Mr. Jagannath Singh, Advocate
Mr. Rakesh Kumar, Advocate
Mr. Sunil Kumar Sinha, Advocate
For the Respondent/s : None
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
ORAL JUDGMENT
Date : 15-04-2021
Heard learned counsel for the petitioner in virtual
Court proceeding. No one appears for the respondent in spite
of link of the virtual proceeding successfully sent to the email.
2. This application under Sections 397 and 401 of the
Code of Criminal Procedure is against judgment dated 19 th of
June, 2019 passed in Cr. Appeal No.185 of 2018 whereby the
learned Additional Sessions Judge-XVII, Patna, has dismissed
the appeal against conviction for offences under Section 498A
of the Indian Penal Code and Section 4 of the Dowry
Patna High Court CR. REV. No.1191 of 2019 dt.15-04-2021
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3. Learned trial Judge i.e., Sub-Divisional Judicial
Magistrate, Patna, has recorded conviction against the
petitioner on 31.07.2018 in connection with Jakkanpur P.S.
Case No.166 of 2012, corresponding to G.R. Case No.3154 of
2012 and has awarded rigorous imprisonment of three years
plus fine of rupees five thousand for offence under Section
498A of the Indian Penal Code and simple imprisonment of
six months and a fine of rupees five thousand for offence
under Section 4 of the Dowry Prohibition Act. In the event of
non-payment of fine; one month simple imprisonment and
fifteen days simple imprisonment respectively for the two
offences aforesaid was awarded against the petitioner. The
petitioner is husband of the prosecutrix.
By the same judgment learned trial Judge
acquitted co-accused Anshu Anand, Abhishek Anand, Anu
Anand and Anurag Anand, the siblings of the petitioner,
whereas parents of the petitioner were found guilty and were
released on execution of probation bond to maintain good
behaviour for the next three years. The learned trial Judge has
not assigned any reason as to why the petitioner was not
deserving protection under Probation of Offenders Act.
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4. Learned counsel for the petitioner contends that the lower
appellate Court has passed ex-parte judgment without even
taking assistance from the State counsel. The judgment of the
lower appellate Court would reveal that the lower appellate
Court was conscious of the grounds for success of the appeal
taken by the appellant in the memo of appeal. However, did
not meet with any of the referred grounds including the
ground of lack of jurisdiction with the trial Judge.
5. This Court was inclined to set aside the
appellate Court’s order and remit back the matter for disposal
of the appeal after hearing the parties. However, at this
juncture, learned counsel for the petitioner submits that the
petitioner is in custody since 19.11.2019 for the reason that it
was essential to surrender before hearing of the revision
application. The petitioner feels harassed enough to go
through the jugglery of litigation after remittance before the
lower appellate Court, to face the rigors of litigation. Hence,
the petitioner is ready if the Court disposes of the matter by
reducing the sentence to the period already undergone.
6. In the result, this criminal revision stands
disposed of with modification in sentence to the extent period
already undergone.
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Let the petitioner be released at once.
(Birendra Kumar, J)
Mkr./-
AFR/NAFR NAFR
CAV DATE
Uploading Date 15.04.2021
Transmission Date 15.04.2021