Neeraj Kumar from Jehanabad, Bihar was arrested on November 25 and presented in the family court in Patna the next day.

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“The court then realized that it is mistake by the police department and they immediately ordered my release,” Neeraj told reports.

Family court lawyer Yashwant Kumar Sharma, who is among the ones handling the divorce case of the RJD leader Lalu Prasad’s son Tej Pratap, said such a document issued by the court is classified “distress  warrant” which seeks to assess property details of a husband. Notwithstanding, cops got confused with it and thought about it as arrest warrant.

Jehanabad ASP (base camp) Pankaj Kumar admitted the lapse by, saying: “No place in the report was police said to arrest Neeraj.” He included that the court order in English directed the police that “if Neeraj failed to give Rs 2,500 maintenance for 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 marital dispute with his wife since their marriage in 2012. “The court had fixed a maintenance of Rs 2,500 every month to his wife which he failed to pay,” he said.

Neeraj said he filed a divorce petition of in 2014 after his wife lodged two dowry cases against him.

“My father in-law Suraj Prakash Gupta is a SAP jawan in Bihar police and demanded Rs 10 lakh to settle the case. In one case, the Patna high court had suppressed the FIR, however for another situation, a Patna court sentenced me to three-year imprisonment in July,” said Neeraj, including that he was granted bail immediately.

Another matrimonial lawyer who practices in Patna HC, Vinay Kumar Pandey, said the court had issued the request as the trader had defaulted in paying maintenance. “There is a legal provision and the court can find a way to connect and sell the property for paying the maintenance. An order is sent to sub-divisional magistrate, however for this situation, police came into the image as the order was maybe sent to the SP,” he said.

Pandey included that the trader’s arrest was illegal and he could claim compensation.

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