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Sarun Kumar And Ors vs The State Of Bihar on 19 September, 2019

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No. 718 of 2018

Arising Out of PS. Case No.-150 Year-2006 Thana- NAGARNAUSA District- Nalanda

1. Sarun Kumar, Son of Dwarika Prasad @ Dwarika Prasad Singh.

2. Bijendra Prasad, Son of Dwarika Prasad @ Dwarika Prasad Singh.

3. Manju Devi, Wife of Bijendra Prasad,
All Resident of Village- Bhadarudih, P.S.- Nagarnausa, District- Nalanda.

… … Petitioner/s

Versus

1. The State of Bihar

2. Sweta Sinha, Wife of Sarun Kumar, daugther of Arjun Prasad, resident of
village-Bhadru, P.S.-Nagarnausa, District- Nalanda, At present resident of
village- Kokulchak, PS- Noorsarai, District- Nalanda.

… … Opposite Party/s

Appearance :

For the Petitioner/s : Mr. Sanjay Kumar and
Mr. Amit Kishore Sinha, Advocates
For the Opposite Party/s : Mr. Shyamal Prakash and
Ms. Sushma Kumari, Advocates
For the State : Mr. Jharkhandi Upadhyay, APP

CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN
AMANULLAH
ORAL JUDGMENT
Date : 19-09-2019

Heard learned counsel for the petitioners; learned APP

for the State and learned counsel for the opposite party no. 2.

2. The petitioners have moved the Court under Sections

397 and Section401 of the Code of Criminal Procedure, 1973, against the

judgment dated 19.04.2018 passed in Cr. Appeal No. 11 of 2014,

by the 1st Additional Sessions Judge, Hilsa, Nalanda by which

the judgment and order of conviction and sentence dated
Patna High Court CR. REV. No.718 of 2018 dt.19-09-2019
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23.05.2014 passed by the Sub Divisional Judicial Magistrate,

Hilsa, Nalanda in Nagarnausa PS Case No. 150 of 2006/GR No.

554 of 2006/Trial No. 65 of 2014, has been upheld.

3. The petitioner no. 1 is the husband of the opposite

party no. 2, whereas petitioners no. 2 and 3 are the elder brother

and wife of the elder brother of petitioner no. 2. They were

accused in a case filed by the opposite party no. 2, along with

three other persons. Upon trial, all the accused persons were

convicted under Sections 498A of the Indian Penal Code and 3/4

of the SectionDowry Prohibition Act and sentenced to undergo rigorous

imprisonment for three years and fine of Rs. 5,000/- each under

Section 498A of the Indian Penal Code and in default to undergo

simple imprisonment for five months each and rigorous

imprisonment for six months under Section 3 of the Dowry

Prohibition Act and fine of Rs. 5,000/- and in default to undergo

simple imprisonment for two months each and further to undergo

rigorous imprisonment of six months under Section 4 of the

Dowry Prohibition Act and Rs. 5,000/- fine and in default to

further undergo simple imprisonment for two months each. The

appellate Court has acquitted the petitioners under Section 3 of the

Dowry Prohibition Act.

Patna High Court CR. REV. No.718 of 2018 dt.19-09-2019
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4. Learned counsel for the petitioners submitted that the

allegation is general and omnibus and prima facie appears to be

unbelievable. It was submitted that on behalf of the petitioners,

certain letters written by the second husband of the opposite party

no. 2 were brought on record as also a compromise petition

between the parties much prior to filing of the criminal case where

they had mutually agreed to dissolve the marriage and expressing

the desire to live separately and also be free to marry any other

person of their choice. It was submitted that in the said

compromise, it was also stipulated that the parties would not file

any civil or criminal case against each other. Learned counsel

submitted that the letter written by one Ajay Kumar, to the

opposite party no. 2 shows that he has married the opposite party

no. 2 and was her lover from before. It was submitted that the

Court has summarily rejected all these evidences without any

cogent reason despite the same being exhibited through witnesses

produced on behalf of the petitioners. Learned counsel submitted

that even the allegation in the criminal case as well as the

deposition of the witnesses, the husband is said to have demanded

dowry and tortured and the money was also asked for by the

husband as also demand of transfer of land belonging to the father

of the opposite party no. 2, in which transaction the petitioners no.
Patna High Court CR. REV. No.718 of 2018 dt.19-09-2019
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2 and 3 were not involved as they had nothing to gain from the

same. It was further submitted that the witnesses have also in very

vague and general terms stated with regard to demand of dowry

and torture as far as the petitioners no. 2 and 3 are concerned.

5. Learned APP and learned counsel for the opposite

party no. 2 submitted that the witnesses have been consistent in

their allegation relating to demand of dowry and torture. It was

further submitted that the opposite party no. 2 has categorically

denied that there was any such compromise and that she was

married to Ajay Kumar, which the Court below has rightly

accepted.

6. However, at this juncture, when the Court called upon

learned APP and learned counsel for the opposite party no. 2 to

point out any material which would specifically indicate with

regard to the direct role of the petitioners no. 2 and 3 in the

alleged demand of dowry or torture; even with the help of the

Lower Court Records, they were not able to show any material

which would specifically fasten liability of the petitioners no. 2

and 3.

7. Having considered the facts and circumstances of the

case, submissions of learned counsel for the parties and taking

into account the materials on record, as per the Lower Court
Patna High Court CR. REV. No.718 of 2018 dt.19-09-2019
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Records received in the Court, in the considered opinion of this

Court, the conviction of the petitioners no. 2 and 3 appears to be

on tenuous grounds which cannot stand the scrutiny in such

matters where the guilt/charge has to be proved against the person

beyond any shadow of reasonable doubt. In the present case, at the

cost of repetition, the Court finds the contention of learned

counsel for the petitioners that as far as petitioners no. 2 and 3 are

concerned, the allegations are totally omnibus, vague and general.

Thus, the Court finds that their conviction cannot be sustained.

Coming to the case of petitioner no. 1, who is the husband, the

Court finds that there is sufficient material, including the

deposition of witnesses which directly implicate the petitioner no.

1 in the crime alleged to convict him and the appellate Court has

also rightly upheld the conviction.

8. Accordingly, the application stands disposed off

upholding the conviction and sentence of the petitioner no. 1, but

interfering with the conviction and sentence awarded to petitioners

no. 2 and 3. The impugned judgments and orders, as far as they

relate to the petitioners no. 2 and 3, stand set aside. They are also

discharged from the liability of their bail bonds.
Patna High Court CR. REV. No.718 of 2018 dt.19-09-2019
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9. The petitioner no. 1 shall surrender before the Court

below within two weeks from today to serve the remaining

sentence.

10. The Lower Court Records be returned forthwith.

(Ahsanuddin Amanullah, J.)

P. Kumar
AFR/NAFR
U
T

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