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Patna High Court

KRISHNA KUMAR JHAversusTHE STATE OF BIHAR

Decided
Disposal
DISPOSED

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

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
                 ======================================================
           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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