Patna High Court
Md. Hasibuddin @ RazaversusState Of Bihar and Anr
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The order taking cognizance is not quashed; the application is dismissed.
Summary
The petitioner, Md. Hasibuddin, filed an application seeking to quash the order dated 20-07-2015 of the learned SDJM, Jamui, which had taken cognizance of a dowry harassment complaint (Case No. 2134 C of 2014). The complaint alleged that after his marriage on 16-06-2003, the petitioner and others demanded Rs. 10 lakh as dowry from the informant, and upon non‑payment, she was assaulted and thrown out of her matrimonial home. The High Court examined the complaint and the material on record and concluded that the magistrate had found a prima facie case sufficient to take cognizance. Consequently, the Court found no ground to interfere with the magistrate’s order. The application for quashing was dismissed, with liberty to the petitioner to raise any grounds at a later stage, and any interim stay was vacated.
Issues considered
- Whether the order taking cognizance dated 20-07-2015 can be quashed on the ground of lack of prima facie case?
Subjects
- dowry harassment
- criminal procedure
- quash order
- cognizance
- domestic violence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38994 of 2016
Arising Out of PS. Case No.-2134 Year-2014 Thana- COMPLAINT CASE District- Jamui
======================================================
Md. Hasibuddin @ Raza Son of Late Abdul Hamid, Resident of Village /
Mohalla- Mirdah Toli Par Nawada, Police Station- Nawada Town Bundel
Khand, District- Nawada.
... ... Petitioner/s
Versus
1. State Of Bihar and Anr null null
2. Yasmin Bano daughter of Abu Mohammad @ Natho Mian Resident of
Village Post Office- Ardha, Police Station- Chandradeep, District- Jamui.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Binay Kumar
For the Opposite Party/s : Mr.Sri Sanjay Kumar Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
7 08-01-2026 Heard the parties.
2. This application has been filed on behalf of the
petitioner for quashing the order taking cognizance dated
20.07.2015 passed by the learned SDJM, Jamui in Complaint
Case No. 2134 C of 2014.
3. As per the prosecution case, the marriage of the
informant was solemnized with the petitioner on 16.06.2003 and
when she went to her sasural, all the accused persons along with
the petitioner started to demand Rs. 10 lakhs from her as dowry
and upon non-fulfillment of the same, she was assaulted and
ousted from her matrimonial home.
4. From the reading of the complaint and after
Patna High Court CR. MISC. No.38994 of 2016(7) dt.08-01-2026
2/2
perusing the materials available on record, it appears that prima
facie case has been found by the learned magistrate for taking
cognizance and this Court finds no ground to interfere with the
same.
5. In view of the above, this application is dismissed
with a liberty to the petitioner to raise all the grounds at an
appropriate stage. Interim order of stay, if any, is also hereby
vacated.
6. Let a copy of this order be communicated to the
Principal District and Sessions Judge, Jamui through FAX for its
compliance.
(Sandeep Kumar, J)
Vikas/-
U
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