Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37861 of 2009 ====================================================== Pawan Kumar Sah .... .... Petitioner Versus 1. The State Of Bihar 2. Shobha Devi .... .... Opposite Parties ====================================================== Appearance: For the Petitioner : Mr. Manoj Kumar Mr. Anjani Kumar Jha For the State : Mr. K. Shankar Opposite Party no.2 : Mr. Aditya Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE MANDHATA SINGH ORAL ORDER 4 05-11-2012 This is an application for quashing the order dated 12.8.2009 passed in Cr. Revision no. 131 of 2009 by Sessions Judge, West Champaran, Bettiah who dismissed the same refusing to interfere in the order dated 1.8.2009 passed by Judicial Magistrate, 1st Class, Bettiah, West Champaran in Complaint Case No. 467C/08 by which it has taken cognizance against the petitioner. Allegation made on behalf of petitioner is that Rs. 39,600/- was kept by his wife given by him which she handed over to her family members. She remained to her Maike and when was asked to return back to matrimonial home he (complainant) was assaulted, his cash from the pocket was snatched and his wife was sold to accused Lalbabu Sah. Constitution of prima facie case is refused on the ground Patna High Court Cr.Misc. No.37861 of 2009 (4) dt.05-11-2012 2 that a case under [STATUTE] was pending filed on behalf of opposite party no.2. It is further allegation also that opposite party no.2 was seen in compromising position with Lalbabu Sah. Notice is sent showing her (O.P. No.2) wife of Lalbabu Sah and her appearance is also by filing Power showing herself wife of Lalbabu Sah. Her parents’ residence and residence of Lalbabu Sah are different. The above discussed circumstance goes against the wife opposite party no.2 and the case under [STATUTE] was only a pressurizing tactics that should not be taken to disbelieve the allegation made by the petitioner. This much of the circumstance/material has not been considered by the cognizance taking court or by Revisional Court which can be taken perverse to the material on record. So, the order by both the Court is not liable to sustain. In the discussed facts and circumstances of the case, the application is allowed and the orders dated 12.8.2009 and 1.8.2009 passed in Cr. Revision no. 131 of 2009 and Complaint Case No. 467C of 2008 are quashed. However, the case is sent back to the trial court for further enquiry. A.I./N.A.F.R. (Mandhata Singh, J)

Applicable IPC Section: 498A

Statute Text:
Section 498A of the Indian Penal Code. Punishment for subjecting a married woman to Cruelty. Whoever, 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.