Patna High Court
ANIL KUMAR SHARMAversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ANSUL
Holding
The order of cognizance stands; the petition to quash it is dismissed.
Summary
The petitioner, Anil Kumar Sharma, filed an application seeking to quash the order of cognizance dated 02.05.2018 issued by the Sub‑divisional Judicial Magistrate, Nawada, which had taken cognizance of offences under Sections 498(A) and 494 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. The allegations against him pertained to an adulterous relationship and a purported bigamous marriage with Nutan Kumari, which he claimed was sanctioned by his first wife. The court examined whether a wife has any statutory authority to permit a second marriage and held that such power resides solely with the legislature, not with any individual. Consequently, the petition to quash the cognizance order was dismissed. The trial court was directed to expedite the pending trial.
Issues considered
- Whether the order of cognizance under Sections 498(A), 494 IPC and Sections 3,4 D.P. Act can be quashed.
- Whether a wife can lawfully sanction a second marriage under Indian law.
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 494, 498A
Subjects
- Criminal Law
- Adultery
- Bigamy
- Indian Penal Code
- Dowry Prohibition Act
- Quash Order
- Cognizance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8910 of 2020
Arising out of PS. Case No.-37 Year-2016 Thana- MAHILA P.S. District- Nawada
======================================================
Anil Kumar Sharma Son of Rameshwer Singh Resident of Village - Kajur,
P.S.- Atri, Dist.- Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sarita Kumari W/o Anil Kumar Sharma Resident of Village - Kajur, P.S.-
Atri, Dist.- Gaya, At present D/o Rajendra Prasad Singh, R/o Vill- Samai,
P.S.- Muffasil, Distt.- Nawada.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amresh Kumar Sinha, Advocate
For the State : Mr. Pranav Kumar, APP
For the Informant : Mr. Ajay Kumar, Sr. Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL JUDGMENT
Date : 12-05-2026
Heard learned counsel for the petitioner, learned counsel
for the informant and learned Additional Public Prosecutor for the
State.
2. Petitioner seeks quashing of the order of cognizance
dated 02.05.2018 passed by learned Sub-divisional Judicial
Magistrate, Nawada in Mahila P.S. Case No. 37 of 2016 (G.R. No.
1911 of 2016) by which he has taken cognizance for the offences
under Sections 498(A) and 494 of Indian Penal Code and Sections
3/4 of D.P. Act.
3. The allegation against the petitioner is of adulterous
relationship with a lady or bigamy.
Patna High Court CR. MISC. No.8910 of 2020 dt.12-05-2026
2/2
4. Petitioner claims that he married Nutan Kumari after
taking permission from his first wife.
5. The wife has no authority at all to sanction second
marriage. That power is vested with the legislature.
6. In such view of the matter, the present application is
dismissed.
7. The trial court is directed to expedite the trial.
(Ansul, J)
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