Patna High Court

Bimla SinhaversusState Of Bihar and Anr

Decided: 12 January 2026
Disposal: ALLOWED
Bench: SANDEEP KUMAR

Holding

The High Court held that sufficient material exists to frame charge and therefore dismissed the quash application.

Summary

Bimla Sinha, along with her husband Devendra Prasad Sinha, was charged in a 2009 police case under IPC sections 380, 427 and 448/34 for alleged theft and mischief after removing a wall of the informant. The Judicial Magistrate, 1st Class, Patna rejected the petitioner's discharge application filed under Section 239 of the CrPC on 20 September 2010. The petitioner then invoked the High Court's inherent jurisdiction under Section 482 CrPC to quash that order. The Court examined the material on record and concluded that there was sufficient evidence to frame charges against the petitioner. Consequently, the application for quash was dismissed. The decision reaffirms the limited scope of Section 482 in interfering with lower court orders where a prima facie case exists.

Issues considered

Whether the High Court can quash the Judicial Magistrate's order under Section 482 CrPC.
Whether the material on record is sufficient to frame charges under IPC sections 380, 427 and 448/34.
Whether the discharge petition under Section 239 CrPC should be entertained.

Legislation cited

Code of Criminal Procedure, 1973 — s. 239, 482
Indian Penal Code — s. 34, 380, 427, 448

Subjects

quash petition
Inherent jurisdiction
Section 482 CrPC
Criminal Procedure Code
Indian Penal Code
Theft
Mischief
House trespass
Charge framing

Judgment

       IN THE HIGH COURT OF JUDICATURE AT PATNA

                      Criminal Miscellaneous No.8986 of 2014
            Arising Out of PS.Case No. -451 Year- 2009 Thana -SHASTRINAGAR District- PATNA
===========================================================
Bimla Sinha Wife Of Shri Devendra Prasad Sinha Resident Of Mohalla - Pate l
Nagar Road No.5, House No.17 P.S. Shastrinagar, District - Patna
                                                                  .... .... Petitioner/s
                                      Versus
1. The State Of Bihar
2. Surendra Prasad Sinha, Son of Late Narwadeshwar Prasad Resident Of Mohalla
- East Patel Nagar, Road No.5, P.S. Shastrinagar, District - Patna - 800002
                                                             .... .... Opposite Party/s
===========================================================
        Appearance :
        For the Petitioner/s     : Mr.
        For the Opposite Party/s : Mr. Ahmad Ali, APP.
===========================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR
ORAL JUDGMENT
Date: 19-03-2018

                   Heard learned counsel for the State. None appears on

   behalf of the petitioner.

                   2. Petitioner along with her husband is accused in Shastri

   Nagar P.S.Case No. 451 of 2009 registered under Sections 380, 427

   and 448/34 of the Indian Penal Code the police after investigation

   submitted charge sheet against both the accused persons, subsequently

   cognizance was also taken by the court below. Now the sole petitioner

   seeks quashing of order dated 20.09.2010 passed by the Judicial

   Magistrate, 1st Class, Patna thereby discharge petition filed by the

   petitioner under Section 239 Cr.P.C. has been rejected.

                   3. In the FIR allegations are similar to the petitioner and

   her husband Devendra Prasad Sinha, another co-accused, who earlier
          Patna High Court Cr.M isc. No.8986 of 2014 dt.19-03-2018

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                   approached this Court, invoking inherent jurisdiction to be exercised

                   under Section 482 Cr.P.C., for quashing the impugned order dated

                   20.09.2010, the same impugned order which is under challenge in the

                   present application but finding no merit the quashing application of

                   the husband was dismissed.

                                    4. The Court has also gone through the material on

                   record and finds that there is sufficient material on record for framing

                   charge against the petitioner also for alleged offence under Sections

                   380, 427 and 448/34 of the Indian Penal Code as the allegation is that

                   after removing the wall of the informant, household articles were

                   stolen in his absence by the petitioner and her husband, So finding no

                   merit, the application stands dismissed.


                                                        (Arun Kumar, J)

Sujit/-


AFR/NAFR       NAFR
CAV DATE NA
Uploading Date 27.03.2018
Transmission 27.03.2018
Date

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