IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27573 of 2011 Krishna Mohan Gupta S/O Laxmi Shah, resident of Meena Bazar, P.S. Sonepur, District- Saran…………………………………….Petitioner. Versus The State Of Bihar ---------------------------------- Lawyer for Petitioner- Mr. Shri Nandan Pd. Singh Mr. Ashok Kumar Mr. Manish Kumar- Advocates. Lawyer for State- Mr. Umesh Nand Pandit- A.P.P. ------------------------ 02. 30.08.2011 Heard learned counsel for the petitioner and learned counsel for the State. This case appears misuse of the privilege given to helpless ladies to prevent from misdeeds of in-laws including husband and misuse of the power given to police officials to prevent untowards activity. Pirbahore P.S. Case No.418 of 2009 for the offence under Section 498A of the I.P.C. filed on behalf of the informant was pending against this petitioner in which there was some negotiation rather reconciliation in this Court vide Cr. Misc. No.27817 of 2010, parties had agreed to reside together that was complied. Both had gone to matrimonial home and in that continuation, petitioner had come to informant’s parental house as was requested by her (informant) and in that continuation was sent to Jail appears in conspiracy of Officer-in-Charge of Pirbahore Police Station to violate direction for no coercive step by this Court, in earlier case registered under Section 498A of the I.P.C. So, on simple allegation made by the informant that she was assaulted by this petitioner by means of fist 2 pressing to withdraw the earlier case, he has been sent to Jail registering a fresh case under Section 498A of the I.P.C. without finding any injury of serious nature even informant was not examined by any doctor. It appears that Officer-in- Charge of Pirbahore Police Station is not qualifying to hold the post anymore, but it is the duty of his Superiors. Further it appears non-application of judicial mind by Additional District & Sessions Judge-XIV, Patna in accepting non- believable incident for constituting the offence under Section 498A of the I.P.C. Accordingly, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Patna in connection with Pirbahore P. S. Case No.133 of 2011. Vikash (Mandhata Singh, J.)