Patna High Court
KRISHNA KUMAR JHAversusTHE STATE OF BIHAR
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
Holding
The High Court declined to quash the criminal proceedings and directed the petitioners to seek discharge before the trial court while granting bail.
Summary
The petitioners, a group of relatives from Bastar, Chhattisgarh, filed a criminal miscellaneous application before the Patna High Court seeking to quash the order dated 7 March 2019 passed by the 4th Additional Sessions Judge, Samastipur, in a case registered under Sections 498(A), 307, 120B of the IPC and Section 3 of the Dowry Prohibition Act. They contended that the dispute had been settled in the Family Court and therefore the criminal proceedings should be discharged. The State opposed, noting that a report dated 9 October 2025 indicated that all petitioners had been declared absconders in the ongoing trial. The Court, after considering the settlement claim and the status of the trial, directed the petitioners to approach the trial court with an application for discharge and ordered that they be released on bail upon furnishing a bail bond of Rs 10,000 each. Accordingly, the High Court disposed of the application without quashing the original order.
Issues considered
- Whether the criminal proceedings can be quashed on the ground of settlement in the Family Court
- Whether bail can be granted to petitioners who have been declared absconders
- Whether the petitioners must approach the trial court for discharge of the charges
Legislation cited
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 120B, 307, 498A
Subjects
- quash order
- settlement
- bail
- criminal procedure
- family court settlement
- absconders
- IPC
- Dowry Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31748 of 2019
Arising Out of PS. Case No.-215 Year-2013 Thana- SARAI RANJAN District- Samastipur
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1. Krishna Kumar Jha Son Of Late Madhim Lal Jha Resident Of Village - Lal
Bahadur Shashtri Ward, Village - Bastar, Distt. Bastar, (Chhatishgarh).
2. Sunita Devi W/O Late Uday Jha Resident Of Village - Lal Bahadur Shashtri
Ward, Village - Bastar, Distt. Bastar, (Chhatishgarh).
3. Smt. Soni Devi W/O Shri Jay Prakash Jha Resident Of Village - Lal Bahadur
Shashtri Ward, Village - Bastar, Distt. Bastar, (Chhatishgarh).
4. Archana Devi W/O Shri Anil Jha Resident Of Village - Lal Bahadur Shashtri
Ward, Village - Bastar, Distt. Bastar, (Chhatishgarh).
5. Anil Jha Son Of Late Kamlakant Jha Resident Of Village - Lal Bahadur
Shashtri Ward, Village - Bastar, Distt. Bastar, (Chhatishgarh).
... ... Petitioner/s
Versus
1. The State Of Bihar
2. Saroj Kumari @ Sarih Jha W/O Vikash Jha , D/O Vijay Kumar Resident Of
Village - Kasnshi, P.S.- Simari, Distt.- Darbhanga.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar
For the Opposite Party/s : Mr. Rana Randhir Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 02-02-2026 Heard the learned counsel for the petitioners and the
learned counsel for the State.
2. This application has been filed for quashing the
order dated 07.03.2019 passed by the learned 4th Additional
Sessions Judge, Samastipur in S.T. No. 781 of 2017 arising out
of Sarairanjan P.S. Case No. 215 of 2013 registered under
Sections 498(A), 307, 120B of the IPC and Section ¾ of the DP
Act against the petitioners and another.
Patna High Court CR. MISC. No.31748 of 2019(4) dt.02-02-2026
2/2
3. The learned counsel for the petitioners submits that
the matter has been settled between both sides in the Family
Court and therefore, the impugned order may be quashed.
4. The learned counsel for the State has submitted that
a report was called for by this Court about the stage of trial on
23.09.2025.
5. From the perusal of the report dated 09.10.2025
sent by the District and Additional Sessions Judge-VIII,
Samastipur, it appears that all the petitioners have been declared
absconders in the Sessions Trial No. 781 of 2017.
6. In these circumstances, the petitioners are directed
to approach the Court below along with their application for
discharge in view of the settlement between the parties. It is also
directed that the petitioners on their appearance before the Trial
Judge will be released on bail on executing bail bonds of Rs.
10,000/- each.
7. With the aforesaid observation and direction, this
application is disposed of.
(Sandeep Kumar, J)
Shishir/-
U T
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