IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51075 of 2015
Arising Out of PS. Case No.-44 Year-2010 Thana- DELHA District- Gaya
Manorma Devi Wife of Shatrughan Bhagat @ Shatrughan Kumar, Resident of
Mohalla Barki Delha, P.S.- Delha, District- Gaya. … … Petitioner/s
Versus
1. The State Of Bihar
2. Shankar Prasad son of Nand Lal Bhagat
3. Kalindi Devi Wife of Shankar Prasad
4. Sumitra Devi Wife of Nand Lal Bhagat All Resident of Mohalla Barki
Delha, P.S.- Delha, District- Gaya.
… … Opposite Party/s
Appearance :
For the Petitioner/s : Mr.Rashid Izhar, Adv
For the Opposite Party/s : Mr.Surendra Kumar Singh, Sr.Adv.
: Mr. Praveen Prakash, Adv
For the State : Mr. Shyam Kumar Singh, APP
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
ORAL JUDGMENT
Date : 21-08-2019
Heard learned counsel for the parties.
2. The petitioner is informant of Delha P.S.Case No.44
of 2010 registered under Sections 498A and Section379/Section34 I.P.C. against
opposite party Nos. 2 to 4.
3. After investigation, the police submitted chargesheet
for offences under Sections 323 and 504 I.P.C. Accordingly, the
learned Magistrate took cognizance on 04.03.2011 for offences
under Sections 323 and 504 I.P.C.
4. During trial, the petitioner filed a petition before
the learned court below that charge under Section 498A I.P.C. is
also made out on the basis of prosecution evidence. Hence, charge
under Section 498A I.P.C. be also added.
Patna High Court CR. MISC. No.51075 of 2015 dt.21-08-2019
2/5
5. The prayer was made only after examination of the
petitioner and her husband Shatrughan Bhagat, who is not an
accused in this case. The learned Trial Magistrate allowed the
prayer for addition of charge under Section 498A I.P.C. and the
accused person were directed to remain present for framing of
charges. The said order was passed on 09.05.2014. The accused
person challenged the aforesaid order before the learned Sessions
Judge in Cr. Revision No.02 of 2014. The matter was heard by
learned Additional Sessions Judge-III, Gaya and by the impugned
order dated 16.07.2015, the order of the Trial Court dated
09.05.2014 was set aside and criminal revision was allowed. The
order of revisional court is under challenge in this application
under Section 482 Cr.P.C.
6. The petitioner was examined in the case as P.W.2.
She specifically deposed that the inlaws used to abuse and assault
her as well as to her husband, as the husband was not fulfilling
their demand of money. In the cross examination, she admitted that
the father of the husband is a driver and mother sells vegetables
whereas her husband was employed in B.S.N.L. Only her husband
was employed on a Govt. post. She further stated that the mother-
in-law had sold the family property but did not give money to the
extent of the share of her husband in the said property. P.W.2 has
Patna High Court CR. MISC. No.51075 of 2015 dt.21-08-2019
3/5
nowhere stated that there was illegal demand from P.W.2 or her
parents. P.W.1 Shatrugan Bhagat, the husband of the petitioner, has
also stated that both the spouses were being tortured by the family
members, as the family members were demanding money, which
they were not in a position to provide.
7. Learned counsel for the petitioner submits that the
revisional court cannot substitute its own views on the view
expressed by the learned Trial Court. It has very limited
jurisdiction to examine the correctness, legality or propriety of the
order passed by the learned court below. Hence, the impugned
order is not sustainable in law.
8. On the other hand, learned counsel for the
opposite party No.2 submitted that the trial court has committed
error of record as there was no material in the prosecution
evidence disclosing ingredients of the offence under Section 498
I.P.C. If the finding of the learned Trial Judge was suffering from
error of record, the revisional court was competent to set the same
right which has been done by the revisional court herein.
Therefore, the same requires no interference.
9. Section 498A I.P.C. reads as follows:
“498A. Husband or relative of husband of a
woman subjecting her to cruelty.–Whoever,
Patna High Court CR. MISC. No.51075 of 2015 dt.21-08-2019
4/5
being the husband or the relative of the
husband of a woman, subjects such woman to
cruelty shall be punished with imprisonment
for a term which may extend to three years
and shall also be liable to fine.
Explanation.–For the purpose of this section,
“cruelty” means–
(a) any wilful conduct which is of such a
nature as is likely to drive the woman to
commit suicide or to cause grave injury or
danger to life, limb or health (whether mental
or physical) of the woman; or
(b) harassment of the woman where such
harassment is with a view to coercing her or
any person related to her to meet any
unlawful demand for any property or valuable
security or is on account of failure by her or
any person related to her to meet such
demand.”
10. There is no evidence on the record that cruelty
was committed against the petitioner by the accused person as
defined in Section 498A I.P.C. inasmuch as there is no evidence of
Patna High Court CR. MISC. No.51075 of 2015 dt.21-08-2019
5/5
any willful conduct of the accused person of such a nature as was
likely to drive the woman to commit suicide or to cause grave
injury or danger to her life, limb or health .
11. There is no material to substantiate that the
alleged harassment of the petitioner was with a view to coercing
her or any person related to her to meet any unlawful demand for
any property or valuable security or is on account of failure by her
or any person related to her to meet such demand. In category-(b),
a husband cannot be a person related to the victim from whom
demand of money was made by other inlaws. The “term any
person related to her” would include only the maternal relation of
the victim.
12. Therefore, there was no material on the record for
addition of charge under Section 498A I.P.C. Hence, there is no
need to interfere with the order of the revisional court in exercise
of power under Section 482 Cr.P.C. Accordingly, this application is
dismissed as devoid of any merit.
(Birendra Kumar, J)
Nitesh/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 23.08.2019
Transmission Date 23.08.2019