LALJEE YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) By this writ application, petitioner seeks his release from custody where he has been committed for non-payment of monthly maintenance in terms of Section 125(3) of the Criminal Procedure Code, 1973 (hereinafter referred to as the Code). He was committed to custody on 5.7.2010 and notwithstanding his application for release, as filed on 27.8.2010, the Principal Judge, Family Court, West Champaran at Bettiah is passing no orders for his release apparently on the ground that so long as petitioner does not make payment of maintenance to his wife, he shall remain in custody ad infinitum, may be for life.

(2.) Noticing the peculiar situation where virtually the petitioner has been made to serve life sentence and the in-sensitivity of the Judge in the matter, we called for the lower Court records to examine for ourselves the facts because if what is being said by the Principal Judge, Family Court is to be accepted then the petitioner would virtually be serving a life sentence with no remission possible. With due respect, we do not think that the law is what the learned Principal Judge, Family Court contemplates it to be. What is more scandalous is, as will be shown, petitioner has been kept in prison mechanically and that too for months even without any order of remand by the learned Principal Judge, Family Court.

(3.) We are just noting one submission of the learned counsel for the petitioner which is quite an extreme submission but would show an extreme absurd possibility. Learned counsel submits that, being unable to pay the maintenance if the consequences are automatic imprisonment which, as in petitioner's case would be, imprisonment for life, the petitioner would have done better by killing his wife where he would be sentenced to life imprisonment which would enable him to be released, in all probabilities, upon completion of 14 years of physical imprisonment as against imprisonment ad infinitum without early release in the present case. Shocking it is.