Disposed

Kundan Kumar v. State Of Bihar and Anr.

Patna HC6 Dec 2017CR. REV./392/2017

Case brief

AI extract

What is this about?

In this criminal revision, the Patna High Court examined a conviction for offenses under Sections 498A IPC and Section 4 of the Dowry Prohibition Act. While rejecting the petitioner's claim of forced marriage and mental illness due to lack of evidence, the Court modified the sentence to the period already undergone in custody.

What did the court decide?

The sentence was modified to the period already undergone by the petitioner (approximately 19 months); otherwise, the revision stands dismissed.

Kundan Kumar Vs State Of Bihar and Anr. — Dowry and Cruelty | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Revision No.392 of 2017

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Arising Out of PS.Case No. -null Year- null Thana -null District- MADHEPURA

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Kundan Kumar, Son of Sri Bindeshwari Mandal, Resident of Village Piprahi, P.S. Gamharia, District Madhepura

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.... .... Petitioner

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Versus

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The State of Bihar

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Kanchan Kumari (Devi), Wife of Kundan Kumar, D/o Yogendra Prasad Mandal, Resident of Village Piprahi, P.S. Gamharia, District Madhepura, At present Resident of Village Madhuban, P.S./District Madhepura

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.... .... Respondents

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=========================================================== Appearance : For the Petitioner : Mr. Nafisuzzoha, Advocate For the State : Mr. Mushtaque Alam, APP

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=========================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL JUDGMENT Date: 06-12-2017

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Heard learned counsel for the petitioner and the learned

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Additional Public Prosecutor for the State.

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The petitioner has preferred this criminal revision application against the judgment and order dated 09.12.2016, passed by learned Sessions Judge, Madhepura in Criminal Appeal No.22 of 2012 whereby he has upheld the judgment of conviction and order of sentence dated 15.09.2012, passed by learned S.D.J.M., Madhepura in Complaint Case No.524 whereby finding the petitioner, Kundan Kumar-the husband, guilty for offence under Section 498A of the Indian Penal Code as well as Section 4 of the Dowry Prohibition Act sentenced him to undergo SI of two years along with fine of Rs.2000/- and further one year of imprisonment and fine of Rs.2000/- for committing offence under aforesaid sections respectively however, directed that both sentences shall run concurrently and in case of failure in depositing fine amount to further undergo SI of six

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Patna High Court CR. REV. No.392 of 2017 dt.06-12-2017

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2 /2

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months.

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Learned counsel for the petitioner submits that the petitioner was forcibly married with the complainant after kidnapping him and the girl was also mentally ill, so conviction is bad. However, there is no such evidence on the record in support of the contention of the defence. No evidence either oral or documentary was adduced that the petitioner was married after kidnapping or complainant is mentally ill. In alternative argument, the learned counsel for the petitioner submits that the period of sentence should be reduced as the sentence is on the higher side i.e. of two years and submits that already this petitioner has remained in custody in totality approximately for 19 months.

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Having considered the rival submissions and on perusal of the records, the Court finds that there is no ground for setting aside the conviction and to interfere with the concurrent finding of both the courts. However, the period of sentence is modified to the period already undergone by the petitioner as he has remained in custody for approximately 19 months.

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Only with the modification in the period of sentence, this revision application stands disposed of.

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(Arun Kumar, J.)

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S.Kumar/-

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AFR/NAFR	NAFR
CAV DATE	NA
UploadingDate	11.12.2017
Transmission Date	11.12.2017

Kundan Kumar v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

Kundan Kumar v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

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