CRIMINAL MISCELLANIOUS No.9769 OF 2006 In the Matter of an Application under Section 482 of the Criminal Procedure Code. RABIKANT SINGH S/O SRI OM PRAKASH SINGH, R/O VILLAGE-DUMDUMA, P.S. DAUDPUR, DISTRICT-CHAPRA (SARAN). --------------- (Petitioner) Versus 1. THE STATE OF BIHAR. 2. THE SUPERINTENDENT OF POLICE, CHAPRA. 3. OFFICER IN CHARGE OF MANJHI POLICE STATION, CHAPRA. ----------- (Respondents) FOR THE PETITIONER : None FOR THE O.P. NOS. 2 & 3 : None FOR THE STATE : Mr. Jharkhandi Upadhayaya, A.P.P. P R E S E N T THE HON'BLE JUSTICE SMT. SHEEMA ALI KHAN Sheema Ali Khan J. The petitioner is made accused in a case under Sections 182 and 211 of the Indian Penal Code for lodging a case under Section 304B against the brother-in-law alleging that the family members of the brother-in-law were responsible for the death of the sister. During the course of investigation, subsequently it appears that the lady in question appeared before the police station and a statement under Section 164 of the Criminal Procedure Code that she has been thrown out of her husband’s house because of demand of dowry and she was living with her parents. It also transpires form the order impugned that the lady has entered into a compromise with her husband and now both of them are living together. 2. In the aforesaid circumstances, a case under Sections 182 and 211 of the Indian Penal Code has been instituted against the petitioner who is the brother of the victim lady, it appears that the petitioner under misconceived notion and due to over enthusiasm has lodged a false case, his intentions were not malicious, but at the same time he ought to have considered that it is wrong to lodge a false case. The case could have well been instituted under Section 498A of the Indian Penal Code. 3. I find no merit in the application, it is dismissed. The court while conducting the trial, however, will consider the intention behind lodging of the case before inflicting a punishment. (Sheema Ali Khan, J.) The Patna High Court The 11th Day of March, 2011 N.A.F.R./Cp:3/Safik