Patna High Court
Vikas RanjanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The High Court quashed the order taking cognizance and all consequent proceedings, and dismissed the anticipatory bail application as infructuous.
Summary
The petitioner, Vikas Ranjan, filed an application seeking to quash the order dated 11‑01‑2024 of the Sub‑Divisional Judicial Magistrate, Aurangabad, which had taken cognizance of offences under IPC sections 341, 323, 504, 506, 498A/34 and D.P. Act sections 3 and 4. The petitioner produced a Family Court judgment dated 10‑01‑2026 in Matrimonial Case No. 147 of 2025, which dissolved his marriage to Julie Kumari and recorded a settlement complied with by both parties. The informant‑wife also affirmed the settlement. The High Court held that, in view of the dissolution of marriage and the settlement, the criminal proceedings should be quashed. Consequently, the order of the Sub‑Divisional Judicial Magistrate and all consequential proceedings were set aside. A separate anticipatory bail application filed by the petitioner became infructuous because the prosecution itself was quashed, and that application was dismissed.
Issues considered
- Whether the criminal proceedings initiated under the specified IPC and D.P. Act sections should be quashed in view of the dissolution of marriage and settlement between the parties.
- Whether an anticipatory bail application is maintainable when the prosecution has been quashed.
Legislation cited
- Indian Penal Code — s. 323, 34, 341, 498, 504, 506
- Protection of Women from Domestic Violence Act — s. 3, 4
Subjects
- marriage dissolution
- criminal procedure
- quash of proceedings
- anticipatory bail
- domestic violence
- IPC offences
- settlement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27233 of 2024
Arising Out of PS. Case No.-22 Year-2023 Thana- MAHILA PS District- Aurangabad
======================================================
Vikas Ranjan Son of Madhusudan Singh Resident of Aditya Niwas, Nand
Nagar, Harmu, P.S.- Argora, Distt.-Ranchi, (Jharkhand)
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Julie Kumari Wife of Vikash Ranjan Resident of Siyadih, P.S.-Konch, Distt.-
Gaya at present C/o Umashanker Singh, resident of Thana Road, Madanpur,
P.S.-Madanpur, Distt.-Aurangabad(Bihar)
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 53810 of 2024
Arising Out of PS. Case No.-22 Year-2023 Thana- MAHILA PS District- Aurangabad
======================================================
Vikas Ranjan S/o Madhusudan Singh R/o Aditya Niwas, Nand Nagar Harmu,
P.s. - Doranda, Distt. - Ranchi (Jharkhand)
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Julie Kumari W/o Vikas Ranjan R/o Siyadih, p.S. - Konch, Distt. - gaya at
present C/o Umashanker Singh, R/o Thana Road, Madanpur, P.s. -
Madanpur, Distt. - Aurangabad (Bihar)
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 27233 of 2024)
For the Petitioner/s : Mr. Gopal Pd. Rai
Mr.Rajani Kant Mishra
For the Opposite Party/s : Mr.Anant Kumar 1
(In CRIMINAL MISCELLANEOUS No. 53810 of 2024)
For the Petitioner/s : Mr. Gopal Pd. Rai
Mr.Rajani Kant Mishra
For the Opposite Party/s : Mr.Manoj Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
10 10-02-2026 Re:- Criminal Misc. No. 53810 of 2024
Heard the parties.
Patna High Court CR. MISC. No.27233 of 2024(10) dt.10-02-2026
2/3
2. This application has been filed on behalf of the
petitioner for quashing the order dated 11.01.2024 passed by the
Sub-Divisional Judicial Magistrate, Aurangabad in Mahila P.S.
Case No. 22 of 2023 by which the cognizance has been taken
against the petitioner under Sections 341, 323, 504, 506,
498A/34 of the Indian Penal Code and under Sections 3 and 4 of
the D.P. Act.
3. Learned counsel for the petitioner, at the very
outset, has produced a copy of the judgment dated 10.01.2026
passed by the Principal Judge, Family Court, Aurangabad
passed in Matrimonial Case No. 147 of 2025 which has been
disposed and the marriage has been dissolved. The terms of the
settlement for dissolution of marriage have also been complied
by both the parties.
4. Learned counsel for the informant-wife has also
supported the fact of settlement between the parties.
5. In view of the above, this application is allowed
and accordingly, the order dated 11.01.2024 passed by the Sub-
Divisional Judicial Magistrate, Aurangabad in Mahila P.S. Case
No. 22 of 2023 and all consequential proceedings arising out of
the same is hereby quashed.
Re:- Criminal Miscellaneous No. 27233 of 2024.
Patna High Court CR. MISC. No.27233 of 2024(10) dt.10-02-2026
3/3
6. Heard the parties.
7. Though this application has been preferred for
grant of anticipatory bail to the petitioner but in view of the fact
that entire prosecution of the petitioner has been quashed vide
Criminal Misc. No. 53810 of 2024, this application has become
infructuous.
8. Accordingly, this application is dismissed has
having infructuous.
(Sandeep Kumar, J)
Vikas/-
U
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