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Patna High Court

Mukesh Pratihast and OrsversusThe State Of Bihar

Decided
Disposal
DISMISSED

Holding

The application is dismissed on the ground of delay, with liberty to raise grounds at the charge‑framing stage and the interim protection vacated.

Summary

Mukesh Pratihast and relatives filed an application before the Patna High Court challenging an order dated 11‑02‑2016 of the Chief Judicial Magistrate, Darbhanga, which had taken cognizance of offences under Sections 307, 341, 323, 324, 379, 498A, 504/34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. The petitioners sought to set aside the order and to maintain interim protection that had been granted. The High Court held that the petition was filed after an inordinate delay and therefore could not be entertained at this stage. The Court directed that the petitioners could raise any substantive grounds only at the stage of framing of charge, in line with the Supreme Court’s decision in Kanchan Kumar v. State of Bihar. Consequently, the interim protection was vacated and the petition dismissed.

Issues considered

  • Whether the petition challenging the magistrate’s order is maintainable despite the delay in filing.
  • Whether interim protection granted to the petitioners should continue pending disposal of the petition.
  • Whether the petitioners may raise substantive grounds at the stage of framing of charge.

Legislation cited

Subjects

  • Criminal Procedure
  • Indian Penal Code
  • Dowry Prohibition Act
  • Delay in filing
  • Interim protection
  • Charge framing

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42607 of 2016
                        Arising Out of PS. Case No.-103 Year-2014 Thana- JALE District- Darbhanga
                 ======================================================
           1.     Mukesh Pratihast Son of Shyam Sundar Pratihast, Resident of Village-
                  Pihwara, P.S.- Saharghat, District- Madhubani presently residing at flat No.
                  284, Sector- 13, Pocket-A, P.S. Dwarka, District New Delhi.
           2.    Shyam Sundar Pratihast @ Shyam Sunder Son of Late Kameshwar Pratihast,
                 Resident of Village- Pihwara, P.S.- Saharghat, District- Madhubani.
           3.    Moti @ Sushila @ Sushila Pratihast Wife of Shyam Sundar Pratihast,
                 Resident of Village- Pihwara, P.S.- Saharghat, District- Madhubani.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State Of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        None
                 For the Opposite Party/s :        Mr. Prem Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   13-01-2026                    None present for the petitioners.

                                2. The order dated 11.02.2016 passed by the learned

                   Chief Judicial Magistrate, Darbhanga taking cognizance under

                   Sections 307, 341, 323, 324, 379, 498A, 504/34 of I.P.C. in

                   Jalley P.S. Case No. 103/2014 dated 19.07.2014 registered

                   under Sections 341, 323, 324, 307, 379, 498(A), 504/ 34 of the

                   I.P.C. along with Section 3 /4 of Dowry Prohibition Act has

                   been challenged in the year 2016.

                                3. This application is dismissed on the ground of

                   delay and latches with liberty to the petitioners to raise all the

                   grounds at the stage of framing of charge.
              Patna High Court CR. MISC. No.42607 of 2016(5) dt.13-01-2026
                                                          2/2




                                     4. If such an application is filed, the same shall be

                        heard and considered by the learned court below in view of the

                        law laid down by the Hon’ble Supreme Court in the case of

                        Kanchan Kumar vs. State of Bihar reported in (2022) 9 SCC 577

                        and accordingly a reasoned order shall be passed.

                                     5. The interim protection, if any, granted to the

                        petitioners, is hereby vacated.

                                     6. Let a copy of this order be communicated to Principal

                        District Judge, Darbhanga through FAX so that the case will

                        proceed further.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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