Wife's revision challenged her husband's acquittal in appeal against conviction under Section 498A IPC. The High Court found no documentary evidence of dowry demand or second marriage and held second marriage alone does not constitute cruelty under Section 498A. Revision dismissed; matter referred to employer for departmental enquiry.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL REVISION No.267 of 2018
Arising Out of PS. Case No.-2569 Year-2010 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur
======================================================
Alka W/o Ranjan Kumar Rao and D/o Sri Kamleshwari Prasad Singh, R/o Village- Lilatari, P.S.- Rajoun, District- Banka at present New Shivpuri Colony, P.S. - Tilkamanjhi, District- Bhagalpur.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Dr. Manoj Kumar, Adv. For the O.P. No. 2 : Mr. Ajay Mukherjee, Adv. For the State : Mr. Sunil Kumar Pandey, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
ORAL JUDGMENT
Date : 22-02-2024
The instant revision is directed against a Judgment and order of acquittal, passed in Criminal Appeal No. 118 of 2016, Trial No. 18 of 2017, by the 7th Additional District & Sessions Judge, Bhagalpur, reversing the Judgment and order of conviction and sentence by the learned Sub-Divisional Judicial Magistrate, Bhagalpur, in Complaint Case No. 2569 of 2010, holding the opposite party no. 2 guilty for committing offence under Section 498A of the I.P.C. and convicting and sentencing him to suffer Rigorous Imprisonment for two years with fine of Rs. 5,000/-.
Patna High Court CR. REV. No.267 of 2018 dt.22-02-2024 2/6
The marriage of the petitioner with the opposite party no. 2 was solemnized according to Hindu rites and ceremony on 23rd June, 2010. It is alleged by the petitioner that immediately after marriage, she was pressurized by her husband and other matrimonial relation to bring further sum of Rs. 5,00,000/-. When the petitioner came to know that the opposite party no. 2 managed to get the properties of her father register in their names, she made an allegation to the opposite party no. 2 that he and other matrimonial relation committed cheating in respect of Rs. 3,93,000/- being the consideration money of the land of her father. The petitioner was subjected to physical assault and mental cruelty. Subsequently, on 19th December, 2010, accused nos. 2 to 5 came to her paternal home and took her to matrimonial home. On the way to her matrimonial home, it is alleged that the opposite party nos. 2 to 5, left her on the road taking away her ornaments, wearing apparels and some cash money, which was given to her by her father. She and her brother went to the nearest Police Station to lodge F.I.R., but Police refused to lodge F.I.R. Therefore, she filed a court complaint before the learned Sub Divisional Judicial Magistrate, Bhagalpur.
Patna High Court CR. REV. No.267 of 2018 dt.22-02-2024 3/6
complainant examined four witnesses. They are Navin Kumar Choudhary, Rishi Kumar, Sharla Devi and Alka, complainant herself. PW.1, Navin Kumar Choudhary, is a cousin brother of the petitioner, PW.2, Rishi Kumar, is the brother of the petitioner, PW.3, Sarla Devi is neighbour and PW.4, Alka, is the complainant herself.
Patna High Court CR. REV. No.267 of 2018 dt.22-02-2024 4/6
failed to produce any documentary evidence in support of his allegation. The complainant could have filed the deed of conveyance of the property, which was allegedly taken by her husband from her father after her marriage. These documents could have been the best evidence in support of fulfillment of illegal demand of dowry, but the complainant failed to produce any document to this effect.
“Explanation.—For the purposes of this section, "cruelty means"—
(a) anywilful 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
Patna High Court CR. REV. No.267 of 2018 dt.22-02-2024 5/6
(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.]”
contest.
Patna High Court CR. REV. No.267 of 2018 dt.22-02-2024 6/6
(Bibek Chaudhuri, J)
pravinkumar/-
AFR/NAFR CAV DATE Uploading Date Transmission Date
2 issues framed by the court
Whether the appellate court's acquittal reversing the conviction under Section 498A IPC suffered from illegality or material irregularity.
Whether a second marriage during subsistence of first marriage, without proof of resulting mental torture, amounts to cruelty under Section 498A IPC.
3 provisions across 2 enactments
Alka
State of Bihar
Ranjan Kumar Rao
Bibek Chaudhuri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
