This story is from December 3, 2018

Bihar cops’ poor knowledge of English lands trader in jail

A sweetmeat trader fighting a divorce case was arrested and had to spend a night in a police lock-up, thanks to the poor grasp of English of cops, who mistook the word ‘warrant’ written on top of a court order for an arrest warrant. It was actually a directive to assess the trader’s property details as he had failed to pay maintenance to his wife.
Bihar cops’ poor knowledge of English lands trader in jail
Image used for representation only
Key Highlights
  • A sweetmeat trader fighting a divorce case was arrested and had to spend a night in a police lock-up
  • The cops mistook the word ‘warrant’ written on top of a court order for an arrest warrant.
  • Order was actually a directive to assess the trader’s property details as he had failed to pay maintenance to his wife
PATNA: A sweetmeat trader fighting a divorce case was arrested and had to spend a night in a police lock-up, thanks to the poor grasp of English of cops, who mistook the word ‘warrant’ written on top of a court order for an arrest warrant. It was actually a directive to assess the trader’s property details as he had failed to pay maintenance to his wife.
Neeraj Kumar from Jehanabad district was arrested on November 25 and produced before a family court in Patna the next day.
“The court realised that the police had goofed up and immediately ordered my release,” Neeraj told TOI over phone on Sunday.
Family court lawyer Yashwant Kumar Sharma, who is among those fighting the divorce case of RJD leader Lalu Prasad’s son Tej Pratap, said such a document issued by the court is called “distress warrant” which seeks to assess property details of a husband. However, cops mistook it for arrest warrant.
Jehanabad ASP (headquarters) Pankaj Kumar admitted the lapse, saying: “Nowhere in the document was police directed to arrest Neeraj.” He added that the court order in English directed the police that “if Neeraj failed to give Rs 2,500 maintenance per month to his wife Renu Devi, steps be taken to assess and send to the court the details of his immovable properties”.
Makhdumpur SHO Nikhil Kumar said the trader had a matrimonial dispute with his wife since their marriage in 2012. “The court had fixed a maintenance of Rs 2,500 per month to his wife which he failed to pay,” he said.
Neeraj said he filed a divorce petition in 2014 after his wife lodged two dowry cases against him. “My father-in-law Suraj Prakash Gupta is an SAP jawan in Bihar police and demanded Rs 10 lakh to settle the case. In one case, the Patna high court had quashed the FIR, but in another case, a Patna court sentenced me to three-year imprisonment in July,” said Neeraj, adding that he was granted bail immediately.

Another matrimonial lawyer who practises in Patna HC, Vinay Kumar Pandey, said the court had issued the order as the trader had defaulted in paying maintenance. “There is a legal provision and the court can take coercive steps to attach and sell the property for paying maintenance. Generally such an order is sent to sub-divisional magistrate, but in this case, police came into the picture as the order was perhaps sent to the SP,” he said.
Pandey added that the trader’s arrest was definitely illegal and he could claim compensation.
Read this story in Bengali
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