Amit Anand vs The State Of Bihar
2021 Latest Caselaw 1953 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
                   CRIMINAL REVISION No.1191 of 2019
     Arising Out of PS. Case No.-166 Year-2012 Thana- JAKKANPUR District- Patna
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Amit Anand Son of Sri Bhuneshwar Pd. Verma Resident of Mohalla- Chandmari Road, Gali No. 5, P.S.- Kankarbagh, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar

... ... Respondent/s

====================================================== Appearance :

For the Petitioner/s : Mr. Jagannath Singh, Advocate Mr. Rakesh Kumar, Advocate Mr. Sunil Kumar Sinha, Advocate

For the Respondent/s : None ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 15-04-2021

Heard learned counsel for the petitioner in virtual

Court proceeding. No one appears for the respondent in spite

of link of the virtual proceeding successfully sent to the email.

2. This application under Sections 397 and 401 of the

Code of Criminal Procedure is against judgment dated 19 th of

June, 2019 passed in Cr. Appeal No.185 of 2018 whereby the

learned Additional Sessions Judge-XVII, Patna, has dismissed

the appeal against conviction for offences under Section 498A

of the Indian Penal Code and Section 4 of the Dowry Patna High Court CR. REV. No.1191 of 2019 dt.15-04-2021

Prohibition Act.

3. Learned trial Judge i.e., Sub-Divisional Judicial

Magistrate, Patna, has recorded conviction against the

petitioner on 31.07.2018 in connection with Jakkanpur P.S.

Case No.166 of 2012, corresponding to G.R. Case No.3154 of

2012 and has awarded rigorous imprisonment of three years

plus fine of rupees five thousand for offence under Section

498A of the Indian Penal Code and simple imprisonment of

six months and a fine of rupees five thousand for offence

under Section 4 of the Dowry Prohibition Act. In the event of

non-payment of fine; one month simple imprisonment and

fifteen days simple imprisonment respectively for the two

offences aforesaid was awarded against the petitioner. The

petitioner is husband of the prosecutrix.

By the same judgment learned trial Judge

acquitted co-accused Anshu Anand, Abhishek Anand, Anu

Anand and Anurag Anand, the siblings of the petitioner,

whereas parents of the petitioner were found guilty and were

released on execution of probation bond to maintain good

behaviour for the next three years. The learned trial Judge has

not assigned any reason as to why the petitioner was not

deserving protection under Probation of Offenders Act. Patna High Court CR. REV. No.1191 of 2019 dt.15-04-2021

4. Learned counsel for the petitioner contends that the lower

appellate Court has passed ex-parte judgment without even

taking assistance from the State counsel. The judgment of the

lower appellate Court would reveal that the lower appellate

Court was conscious of the grounds for success of the appeal

taken by the appellant in the memo of appeal. However, did

not meet with any of the referred grounds including the

ground of lack of jurisdiction with the trial Judge.

5. This Court was inclined to set aside the

appellate Court's order and remit back the matter for disposal

of the appeal after hearing the parties. However, at this

juncture, learned counsel for the petitioner submits that the

petitioner is in custody since 19.11.2019 for the reason that it

was essential to surrender before hearing of the revision

application. The petitioner feels harassed enough to go

through the jugglery of litigation after remittance before the

lower appellate Court, to face the rigors of litigation. Hence,

the petitioner is ready if the Court disposes of the matter by

reducing the sentence to the period already undergone.

6. In the result, this criminal revision stands

disposed of with modification in sentence to the extent period

already undergone.

Patna High Court CR. REV. No.1191 of 2019 dt.15-04-2021

Let the petitioner be released at once.

(Birendra Kumar, J) Mkr./-

AFR/NAFR                NAFR
CAV DATE
Uploading Date          15.04.2021
Transmission Date       15.04.2021