Patna High Court
Rajesh Prasad @ Rajesh SethversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ARUN KUMAR JHA
Holding
The sentence is modified to the period already served, the petitioner is released, and the fine of Rs.2,500 remains payable.
Summary
Rajesh Prasad was convicted under Section 498A of the IPC and sentenced to two years’ rigorous imprisonment with a fine of Rs.2,500, the conviction being upheld by the Additional Sessions Judge and the High Court. He filed a criminal revision petition alleging that he had already served more than nine months, that the parties had settled the dispute, and that a mutual‑consent divorce had been granted under Section 13B of the Hindu Marriage Act with a lump‑sum settlement of Rs.5,00,000. The petitioner argued that continued incarceration served no purpose. The High Court, after considering the settlement, the divorce decree, and the time already served, modified the sentence to the period already undergone, ordered the petitioner’s immediate release, and directed payment of the fine. Consequently, the revision petition was disposed of, with the petitioner released and the fine remaining payable.
Issues considered
- Whether a sentence for an offence under Section 498A IPC can be modified on the ground of a settlement and mutual‑consent divorce between the parties.
- Whether the fine imposed under the conviction remains enforceable despite the settlement.
- Whether the period of incarceration already served suffices to satisfy the term of imprisonment.
Legislation cited
- Hindu Marriage Act, 1955 — s. 13B
- Indian Penal Code — s. 498A
Subjects
- criminal revision
- Section 498A IPC
- sentence modification
- mutual consent divorce
- settlement
- fine
- release
- criminal appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.744 of 2025
Arising Out of PS. Case No.-560 Year-2001 Thana- COMPLAINT CASE - DEHRI-ON-
SONE District- Rohtas
======================================================
Rajesh Prasad @ Rajesh Seth S/O Bhagwan Seth @ Shree Bhagwan Seth
Resident of Village- Shahpur, Police Station- Sheosagar, District- Rohtas.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. Meena Devi w/o Rajesh Prasad @ Rajesh Seth, D/O Late Sita Ram Prasad
Resident of Village- Shahpur, Police Station- Sheosagar, District- Rohtas. At
Present R/O Mohalla- Jakky Bigha, P.S.- Dehri, Dist.- Rohtas.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Ms. Namrata Mishra, Sr. Advocate
Mr. Chhote Lal Mishra, Advocate
Mr. Jyoti Prasad, Advocate
For the O.P.-State : Mr. Chandra Sen Prasad Singh, APP
For the O.P. No. 2 : Ms. Meena Devi, In-person
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
6 02-02-2026 Heard Ms. Namrata Mishra, learned senior counsel
appearing on behalf of the petitioner, assisted by learned
counsel, Mr. Chhote Lal Mishra, and learned APP for the State
as well as opposite party no. 2, Ms. Meena Devi in person.
2. Opposite Party No. 2 has furnished a copy of her
Aadhar Card bearing No. 791030975986, which is taken on
record. She has been identified by Mr. Chhote Lal Mishra,
learned counsel for the petitioner.
3. The instant criminal revision petition has been filed
by the petitioners for setting aside the order/judgment dated
20.12.2024 passed in Criminal Appeal No. 37 of 2016 (CIS No.
Patna High Court CR. REV. No.744 of 2025(6) dt.02-02-2026
2/4
37 of 2016) by the learned Additional Sessions Judge-XIV,
Rohtas at Sasaram, whereby and whereunder the learned
appellate court has affirmed the judgment and order dated
24.06.2016 passed by the learned Sub Divisional Judicial
Magistrate, Dehri in Complaint Case No. 560 of 2001 in which
the petitioner has been convicted for the offence under Section
498A of the Indian Penal Code and sentenced to undergo
rigorous imprisonment for two years with fine of Rs. 2,500/-
and in default of payment of fine, the petitioner has to undergo
further simple imprisonment for the period of three months.
4. The opposite party no. 2 submits that the matter has
been settled with the petitioner. Opposite Party No. 2 also
submits that the divorce with mutual consent has taken place
between the petitioner and the opposite party no. 2 under
Section 13B of the Hindu Marriage Act, 1955 and decision in
this regard has been passed by the court of learned Principal
Judge, Family Court, Rohtas at Sasaram on 04.06.2025.
Opposite Party No. 2 further submits that she has received one
time settlement amount of Rs. 5,00,000/- (five lakh) and there
remains no dispute between the parties.
5. The learned senior counsel appearing on behalf of
the petitioner submits that all the aforesaid facts have been
Patna High Court CR. REV. No.744 of 2025(6) dt.02-02-2026
3/4
brought on record in the present revision petition and relevant
documents have also been attached, particularly, the copy of the
order dated 04.06.2025 passed by the learned Principal Judge,
Family court, Rohtas at Sasaram in Divorce Case No. 76 of
2025. Learned senior counsel further submits that the petitioner
is in custody since 16.04.2025. The punishment awarded to the
petitioners for two years and the petitioner has already suffered
incarceration for more than 09 months. Learned senior counsel
further submits that though the impugned order has been
assailed on a number of ground, considering the settlement
arrived at between the parties, no useful purpose would be
served in keeping the petitioner in custody who has already
suffered incarceration during the trial. Learned senior counsel
further submits that the divorce with mutual consent has already
taken place and the opposite party no. 2 has been given lump-
sum amount of Rs. 5,00,000/- (five lakh) by the petitioner as
one time settlement and nothing remains in the matter.
6. Having regarding to facts and circumstances and
submission made on behalf of the parties and considering the
settlement between the parties and also considering the period
of incarceration already undergone by the petitioners, I am of
the opinion that the sentence could be suitably modified so as to
Patna High Court CR. REV. No.744 of 2025(6) dt.02-02-2026
4/4
release the petitioner and, therefore, the petitioner above named,
is ordered to be released forthwith and his sentence is modified
to the period already undergone. However, fine of Rs. 2,500/-
will be paid by the petitioner.
7. Accordingly, the present revision petition stands
disposed of.
(Arun Kumar Jha, J)
Ashish/-
U
Checking your session…