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Md. Javed Hussain vs State Of Bihar And Anr on 1 August, 2019

Arising Out of Complaint Case No.-958 C Year-2009 Thana- MUNGER COMPLAINT
CASE District- Munger

Md. Javed Hussain, Son of Md. Late Akhtar Hussain, Resident of Village-
Maheshpur, P.S.- Piri Bazar, District- Lakhisarai.

… … Petitioner/s

1. The State of Bihar.

2. Bibi Arju Khatun, Wife of Md. Javed Hussain, Resident of Village-

Maheshpur, P.S.- Piri Bazar, District- Lakhisarai at present Mohalla-
Murgiyachak, P.S.- Kotwali, District- Munger.

… … Respondent/s

Appearance :

For the Petitioner/s : None
For the Opposite Party No. 2 : Mr. Raj Kumar Choudhary, Advocate
For the State : Mr. Murli Dhar, APP

Date : 01-08-2019

Nobody appears on behalf of the petitioner. Learned

counsel for the State and learned counsel for the opposite party no.

2 have assisted the Court.

2. The petitioner has moved the Court under Sections

397 and 401 of the Code of Criminal Procedure, 1973 (hereinafter

referred to as the ‘Code’) against the judgment and order dated

26.07.2017 passed by the IInd Additional Sessions Judge, Munger

in Criminal Appeal No. 1 of 2017, by which the judgment and

order of conviction and sentence dated 22.12.2016 passed in
Patna High Court CR. REV. No.82 of 2018 dt.01-08-2019

Complaint Case No. 958C of 2009, against the petitioner by the

Sub Divisional Judicial Magistrate, Munger has been upheld.

3. The opposite party no. 2 being the wife of the

petitioner had filed the aforesaid complaint case in which upon

trial, the petitioner was convicted under Sections 498A and 323 of

the Indian Penal Code and 4 of the Dowry Prohibition Act and

sentenced to undergo simple imprisonment for two years for

offence under Section 498A of the Indian Penal Code; six months

for offence under Section 323 of the Indian Penal Code and four

months for offence under Section 4 of the Dowry Prohibition Act

and fine of Rs. 3,000/- and in default to undergo one month

further simple imprisonment.

4. From the materials on record and after hearing the

parties and upon going through the judgments of the trial Court

and the appellate Court, the Court finds that on the basis of cogent

materials, including the deposition of the witnesses, both the

Courts have considered the matter, which in the considered

opinion of the Court, does not require any interference. The

reasoning given and the inferences drawn by the Courts below are

within the parameters of judicial discretion and the view taken not

suffering from any infirimity, once two Courts have taken one

view which this Court also endorses and finds plausible and
Patna High Court CR. REV. No.82 of 2018 dt.01-08-2019

reasonable, there is no occasion for any interference by this Court

while exercising revisional power under the Code.

5. In view thereof, the application stands dismissed.

6. Incidentally, the petitioner and the opposite party no.

2 are present in Court. The bail bond of the petitioner stand

cancelled. He shall surrender before the Court below within one

week from today to serve the remaining period of his sentence in

terms of the trial Court judgment and order dated 22.12.2016.

7. The Lower Court Records be returned forthwith.

(Ahsanuddin Amanullah, J.)

P. Kumar


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