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Patna High Court

SOHEL KUMAR SONI @ SOHAL KUMAR SONIversusTHE STATE OF BIHAR

Decided
Disposal
DISMISSED

Holding

The application for quashing the cognizance order is dismissed as the allegations are supported by material evidence.

Summary

The petitioner, Sohel Kumar Soni, filed an application seeking to quash the cognizance order dated 29‑01‑2019 in a dowry‑related complaint (Case No. 305 of 2018) that alleged he tortured his wife for dowry, invoking IPC sections 498A and 494 and Section 3 of the Dowry Prohibition Act. The petitioner claimed innocence and alleged that the charges were fabricated. The State opposed the application, maintaining that the allegations were supported by material evidence. After reviewing the records, the Court found that the prosecution’s evidence substantiated the dowry demand and torture allegations. Consequently, the Court declined to interfere with the cognizance order, dismissed the petition, and vacated the interim protection previously granted to the petitioner.

Issues considered

  • Whether the cognizance order under IPC sections 498A and 494 and the Dowry Prohibition Act can be quashed on the ground of insufficient evidence
  • Whether the interim protection granted to the petitioner should continue

Legislation cited

Subjects

  • dowry harassment
  • IPC 498A
  • IPC 494
  • Dowry Prohibition Act
  • quash of cognizance
  • interim protection
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82927 of 2019
                    Arising Out of PS. Case No.-305 Year-2018 Thana- NAWADAH COMPLAINT CASE
                                                     District- Nawada
                 ======================================================
                 Sohel Kumar Soni @ Sohal Kumar Soni Son Of Late Vishwanath Prasad
                 Resident Of Village- Sujawad, New Vasti, Padaoo Par, Behind Khoravir Mata
                 Mandi, P.S.- Ram Nagar, District- Varanasi.

                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State Of Bihar
           2.    Smt. Krian Soni D/O- Sri Anil Prasad Resident Of Sonar Toli, Uttar Bazar,
                 P.O. Warisaliganj, P.S.- Warisaliganj, District- Nawada, Pin- 805130

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Ritesh Kumar
                 For the Opposite Party/s :    Mr. Ram Bilash Roy Raman
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

6   22-01-2026                  Heard the learned counsel for the petitioner, learned

                   APP for the State and the learned counsel for the complainant.

                                2. This application has been filed for quashing of the

                   cognizance order dated 29.01.2019 passed in connection with

                   Complaint Case No. 305 of 2018 filed on 04.04.2018 wherein

                   the cognizance has been taken under Section 498A and 494 of

                   the Indian Penal Code and Section ¾ of the DP Act.

                                3. As per the prosecution case, the petitioner is

                   accused of torturing the victim due to non-fulfillment of demand

                   of dowry.

                                4. The learned counsel for the petitioner has submitted

                   that the petitioner is quite innocent and has falsely been
            Patna High Court CR. MISC. No.82927 of 2019(6) dt.22-01-2026
                                                        2/2




                      implicated in the present case. The allegations levelled against

                      the petitioners are false and fabricated.

                                   5. The learned counsel for the State has opposed the

                      application of the petitioner

                                   6. I have heard and considered the submissions made

                      by the respective parties. From the perusal of the materials

                      available on records, it appears that the allegations of dowry

                      demand and torture made against the petitioner, who is the

                      husband of the complainant, are supported by materials and

                      evidence.

                                   7. In the aforesaid circumstances, this Court is not

                      inclined to interfere in the impugned order. Accordingly, this

                      application is dismissed.

                                   8. The interim protection granted to the petitioner by

                      order dated 13.12.2019 is hereby vacated.



                                                              (Sandeep Kumar, J)
Shishir/-

U       T


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