Patna High Court
RAJ KUMARI DEVIversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The High Court set aside the charge‑framing order and remitted the case to the lower court with liberty to file a discharge application within one month.
Summary
The petitioners, two women from Madhubani district, were charged under IPC sections 341, 323 and 504/34 in a case registered in 2013. They filed an application seeking to quash the order dated 06.01.2022 that framed charges against them, arguing that the proper remedy was a discharge application which they had not filed. The Patna High Court observed that the petitioners indeed should have filed a discharge application during the pendency of the cognizance order and, in the interest of justice, allowed the application to quash the charge‑framing order. The court set aside the Munsif’s order and remitted the matter to the lower court, granting the petitioners one month to file a discharge application, failing which the order will be recalled. The interim protection order dated 25.03.2025 was vacated, and the court directed compliance with the Supreme Court precedent in Kanchan Kumar v. State of Bihar (2022) 9 SCC 577.
Issues considered
- What is the appropriate remedy for petitioners when charges have been framed without a discharge application?
- Whether the High Court can set aside the charge‑framing order in the interest of justice.
Legislation cited
- Indian Penal Code — s. 323, 34, 341, 504
Subjects
- criminal procedure
- quash order
- discharge application
- IPC sections 341, 323, 504
- interim protection
- high court jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18072 of 2020
Arising Out of PS. Case No.-79 Year-2013 Thana- ARER District- Madhubani
======================================================
1. Raj Kumari Devi W/O Brihaspati @ Brahaspati Thakur Resident Of Village-
Budhawan, Naokarhi, P.S.- Arer, Distt- Madhubani.
2. Vibha Devi W/O Sushil Thakur Resident Of Village- Budhawan, Naokarhi,
P.S.- Arer, Distt- Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ram Dulari Devi W/o Dewan Thakur Resident of Village- Budhawan,
Naokarhi, P.S.- Arer, Distt- Madhubani.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Anju Jha
For the Opposite Party/s : Mr. Bharat Lal
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 03-02-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State. Despite valid service of notice,
none has appeared on behalf of the O.P. No.2.
2. This application has been filed for quashing the
order dated 24.02.2016 passed by the learned Judicial
Magistrate, 1st Class, Benipatti in connection with Arer P.S.
Case No. 79 of 2013 by which cognizance was taken under
Sections 341, 323, 504/34 of the IPC against the petitioners.
3. The petitioners by filing the I.A. No. 01 of 2026
has challenged the order dated 06.01.2022 by which the charges
were framed against the petitioners who are women.
Patna High Court CR. MISC. No.18072 of 2020(5) dt.03-02-2026
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4. The proper course of action should have been to
file a discharge application by the petitioners during the
pendency of this application by which cognizance was taken but
the petitioners did not file any discharge application.
5. In the interest of justice, this application is allowed.
The order dated 06.01.2022 passed by the learned Munsif,
Benipatti, Madhubani in Tr. No. 2225 of 2016 arising out of
Arer P.S. Case No. 79 of 2013 is hereby set aside.
6. The matter is remitted back to the Court below with
liberty to the petitioners to file a discharge application within
one month from today failing which this order shall be treated
as recalled.
7. If a discharge application is preferred within one
month then the same shall be considered by the Court below and
a reasoned order shall be passed in accordance with law and in
view of the law laid down by the Hon’ble Supreme Court in the
case of Kanchan Kumar Vs. The State of Bihar reported in
(2022) 9 SCC 577.
8. Interim protection granted to the petitioners by
order dated 25.03.2025 is hereby vacated.
9. Let a copy of this order be communicated to the
Principal District & Sessions Judge, Madhubani through FAX
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for its compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
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