Patna High Court
Vikash Kumar SinghversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court disposed of the criminal miscellaneous applications, granting the petitioners liberty to raise their points before the trial court without quashing the magistrate’s order.
Summary
The petitioners, comprising members of the Singh family, filed criminal miscellaneous applications under Section 482 of the Criminal Procedure Code seeking to quash an order dated 03‑06‑2017 passed by the Sub‑Divisional Judicial Magistrate, Saran, which had taken cognizance of offences under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. The issue before the High Court was whether the magistrate’s order could be set aside and whether the petitioners should be allowed to raise all points before the trial court. The learned counsel for the petitioners argued for disposal of the applications with liberty to present their contentions at the appropriate stage of the trial, while the State’s counsel raised no objection. The Court, after hearing both sides, found no merit in quashing the magistrate’s order and agreed to the petitioners’ request for procedural liberty. Consequently, the applications were disposed of, granting the petitioners freedom to raise their arguments before the trial court in accordance with law.
Issues considered
- Whether the order of the Sub‑Divisional Judicial Magistrate taking cognizance under Section 498A IPC and Section 4 DP Act can be quashed under Section 482 CrPC.
- Whether the petitioners should be permitted to raise all points before the trial court at the appropriate stage.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Dowry Prohibition Act — s. 4
- Indian Penal Code — s. 498A
Subjects
- Criminal law
- Section 498A
- Dowry Prohibition Act
- Quash order
- Section 482 CrPC
- High Court
- Procedural liberty
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35349 of 2018
Arising Out of PS. Case No.-40 Year-2017 Thana- SARAN COMPLAINT CASE District-
Saran
======================================================
1. Prabhawati Devi Wife of Srinath Singh Resident of village- Maksudpur, Po-
Basantpur Bangla, Ps- Amnour, Dist- Saran, Presently Residing at Naya
Basti Kadru, Po- Doranda, ps- Argora, Dist- Ranchi
2. Brajesh Singh son of Srinath Singh Resident of village- Maksudpur, Po-
Basantpur Bangla, Ps- Amnour, Dist- Saran, Presently Residing at Naya
Basti Kadru, Po- Doranda, ps- Argora, Dist- Ranchi
3. kavita Devi @ Kawita Singh Wife of Brajesh Singh Resident of village-
Maksudpur, Po- Basantpur Bangla, Ps- Amnour, Dist- Saran, Presently
Residing at Naya Basti Kadru, Po- Doranda, ps- Argora, Dist- Ranchi
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Nicky Singh W/o- Vikash Kumar Singh D/o- Dinesh Singh Resident of
Village- Maksudpur, P.O.- Basantpur Bangla, P.S.- Amnour, District- Saran,
Presently Residing at- Naya Basti Kadru, P.O.- Doranda, P.S.- Argora,
District- Ranchi, at present resident of Village- Vikrampur, P.O.- Karnpura,
P.S.- Maraurah, District- Saran.
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 36061 of 2018
Arising Out of PS. Case No.-40 Year-2017 Thana- SARAN COMPLAINT CASE District-
Saran
======================================================
Vikash Kumar Singh S/o Sri Nath Singh, R/o- Vill.- Maksudpur, P.O.-
Basantpur Bangla, P.S. Amnour, Distt.- Saran, presently Residing at Naya
Basti Kadru, P.O.- Doranda, P.S.- Argora, Distt.- Ranchi.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Nicky Singh, W/o Vikash Kumar Singh D/o- Dinesh Singh, R/o Vill.-
Maksudpur, P.O.- Basantpur Bangla, P.S.- Amnour, Distt.- Saran, Presently
Residing at Present residing at Vill.- Vikrampur, P.O.- Karnpura, P.S.-
Maraurah, Distt.- Saran.
... ... Opposite Party/s
======================================================
Patna High Court CR. MISC. No.35349 of 2018(7) dt.05-05-2026
2/3
Appearance :
(In CRIMINAL MISCELLANEOUS No. 35349 of 2018)
For the Petitioner/s : Mr. Chandra Shekhar Singh, Advocate.
Ms. Megha Singh, Advocate.
For the Opposite Party/s : Mr. Asharaf Ansari, A.P.P.
(In CRIMINAL MISCELLANEOUS No. 36061 of 2018)
For the Petitioner/s : Mr. Chandra Shekhar Singh, Advocate.
Ms. Megha Singh, Advocate.
For the Opposite Party/s : Mr. Asharaf Ansari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
7 05-05-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. These Cr. Misc. Applications have been filed under
Section 482 of Cr.P.C. for quashing the order dated 03.06.2017
passed by learned Sub-Divisional Judicial Magistrate, Saran in
connection with Complaint Case No.40(C) of 2017, Enquiry
No.468 of 2017 arising out of Madhubani Town P.S. Case No.29
of 2014 by which cognizance under Section 498A of the I.P.C.
and Section 4 of the D.P. has been taken against the petitioners.
3. After some argument, learned counsel for the
petitioners submits that these cases may be disposed of with
liberty to the petitioners to take all the points as raised in the
petitions, before the learned Trial Court at appropriate stage in
accordance with law.
4. Learned APP for the State has no objection to this
prayer of the petitioners.
5. In view of the above, these Cr. Misc. Applications
Patna High Court CR. MISC. No.35349 of 2018(7) dt.05-05-2026
3/3
are disposed of with the liberty to the petitioners, as prayed for.
(Sunil Dutta Mishra, J)
Ritik/-
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