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498A IPC misuse judgement from Patna High Court

IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25340 of 2010

BIPAT MISTRY

Versus

STATE OF BIHAR

———–

2. 12.08.2010 Heard learned counsel for the petitioner and learned counsel for the State. No case under Section 498A is made out even after accepting the allegation that informant son is 20 years old, two daughters are married and Rs. 10,000/- was demanded by the petitioner from informant’s son that was opposed by the informant which resulted in an incident of assault took place and she received injury but not grievous in nature. Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

In the event of arrest or surrender within one month from the date of receipt/production of a copy of this order in connection with Ekangar Sarai P.S. Case No. 42 of 2010 above named, petitioner shall 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 A.C.J.M. Hilsa, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

This case is an example that how the 2 provision under section 498A of the Indian Penal Code is misused.

Anand Kr. ( Mandhata Singh, J.)

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  1. nitesh
    October 3, 2010 at 8:13 am

    there is so many cases of misuse of 498A i.p.c and in my opinon that the case of 498A i.p.c will be bailable . after that the misuse of this section is controlled/

  2. Alok
    December 12, 2010 at 6:41 pm

    I am one of the neo victims and here i got idea to express my pain through this way. In fact our constitution has given the privilege to women through 498A. We marry with our deep traditional rooted mindset of rituals, god, fire etc and setting the expectation that we will live like RAM – SITA and will run family like Aadarsh family. But the law put aside this theory and provided the weapon like 498A on the name of gender discrimination, dowry issue and in fact which contradicts the government’s gender equality theory. The women in the era of “SASS BAHU AUR SAJISH” use to play all nuisances using this weapon.
    In my case also the constituent of 498A + Wife desire/Intension + SAAS + Wife’s Sister, brother, father role spoiled my family. Ultimately my wife eloped with her mother and took my daughter away from me too by putting some dirtiest allegation on me. Now they utter only one statement that “I did torture against my wife so they took such action” and they don’t have time to explain the nature of torture what i did against her. Anyway what my wife wanted to achieve she achieved it for her self and interest irrespective to me and my daughter interest or career. It is beyond my capability to understand their intension and their instinct as well.
    Now a days the married women getting the instinct by smelling the 498A to have a taste of one marriage/family and if it is not perfect then go for other taste and so on with the proper compensation and all under the legal umbrella of IPC. Who will miss such opportunity in a life!! Very few.
    So ultimately the law made the Indian citizen like me helpless nothing i can do for the welfare of my daughter or my family. It is beyond my understanding that who made this law who brought this law which is worst than Ahmadshah Abdali’s regime law.
    Anyway this is my take my experience but i must say the law contradicts the advocacy of “Gender Equality”. But who cares about it. The politicians are busy with corruption and Judiciary are busy with exploitation. This is not the perception but reality that such women bribe her to those people who are the accountable for the creating the law, interpreting the law and executing the law. So in that case why we citizen of India should expect right justice for such cases.
    I read that it is mandatory to have one year separation even for mutual divorce but it should be less than nine month. Law maker of India should think over it. If those set of people will be able to understand the concern definitely we will be moving towards the building of right nation on the foundation of law for all.

    • ABHAY RANJAN
      February 19, 2014 at 1:59 am

      same case with me they r asking 25 lacs to composante the case

  3. Rethesh
    March 7, 2011 at 5:10 pm

    Plese give a openion

  4. PANKAJ DHIMAN
    March 30, 2011 at 6:12 am

    Ministry of Law (Law Commission) now finally seeks to amend 498A as bailable. For this, they have invited opinions on their website, Thus, I appeal all people, NGO and concerned to save indian family by DO / COMMENT / ADVISE WHATEVER YOU CAN TO MAKE THIS LEGAL TERRORISM AS ‘BAILABLE & NON-COGNIZABLE’.

  5. B.L.DEVNATH
    May 13, 2011 at 3:31 pm

    Its a legal terrorism for honest and wellwishing husbands those who deserve good for
    the family with their well equipped knowledge, where the wives are more stubborn and
    selfish for which they always try to have the victory of their egoes without concerning to the welfere of the famelies.Under the hot circumstances,wonens are badly provocated by the unjudged selfish near relatives and friends to have their individual goals causing the women to more danger without taking any step for suitable solution for union of the husbands and wives, showing this provision as “WEAPON” to terrorise such honest and good husbands. IF LAW advocates the equality for all sects “male and female”, why then LAW advocates for more authority to the “WOMEN” under the Umbrella of “LAW OF JUSTICE”.If all men and Women are having same
    rights and Powers, then why the “WOMEN” is given more previlages to terrorise the
    honest and good husbands? Dispute always arises for imbalances of thoughts between
    the husband and wife.So, who is guilt, can’t be determined when it continues.There either husband or wife, one must be guilt.It is very petty that LAW always sees the male with harder eyes and sees female with softer eyes.
    I with selfmind think that there is pending longer ways to have the suitable solution to the disputes through the Provisions of LAW in INDIA.
    Simply, there must be a Provision for bail against Sec.498a.Otherwise,
    naughty Women will always use this Provision as their “WEAPON” to dominate the good will and deeds of good husbands.
    Miss use of Power by the Police Officials happens, which the individual
    police officers do for their won financial benefits or other, which no one can deny with conscience. Sec. 32 of the IPC must be stopped when Sec.498a applies.

  6. November 20, 2012 at 4:30 pm

    PANKAJ DHIMAN :
    Ministry of Law (Law Commission) now finally seeks to amend 498A as bailable. For this, they have invited opinions on their website, Thus, I appeal all people, NGO and concerned to save indian family by DO / COMMENT / ADVISE WHATEVER YOU CAN TO MAKE THIS LEGAL TERRORISM AS ‘BAILABLE & NON-COGNIZABLE’.

    yes now it is being misused

  7. November 20, 2012 at 4:34 pm

    yes section 498A of ipc is being misused

  8. November 24, 2012 at 3:17 am

    Yes 498 A is being very heavily misused. Even womans rights activists should realise this. If false cases are entertained and police are on a wild goose chase busy arresting innocent men their energy will be deviated and a genuine victim could get delayed justice.

  9. June 20, 2014 at 1:58 pm

    i am a suffer of this law my wife wrondoing i have to suffer siliently but if i speak up i get abused with a false case . i agree 498a is for a noble cause but this is been misused like anything . there should be stingent punishment for people who abuse this law which will act as a deterrent .feeling like commiting suicide.

  10. Prashubh
    January 10, 2015 at 3:39 pm

    Really its a terror and misuse in society. I condemn this type of law in society which breaks the families.

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