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Patna High Court

MILIND SINHAversusThe State of Bihar through Director General of Police, Bihar, Patna.

Decided
Disposal
DISMISSED

Holding

The writ petition is frivolous and an abuse of process and is therefore dismissed.

Summary

The petitioner, Milind Sinha, filed a writ petition in the Patna High Court seeking the arrest of his father and step‑mother, alleging they murdered his mother in 1989 over dowry demands. The FIR was lodged in Shillong in 2021, leading to a criminal case (Case No. 1117 of 2021) under Sections 341, 323, 306, 498A/34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act. The court examined the long delay, the absence of any prior complaint, and the fact that the FIR was filed at a location different from the place of occurrence. It found the petition to be devoid of material evidence and motivated by ulterior motives, characterising it as frivolous and an abuse of the court's process. Consequently, the writ petition was dismissed and the petitioner was ordered to pay costs of Rs. 50,000 to the Legal Services Committee.

Issues considered

  • Whether the writ petition seeking direction to arrest the accused and expedite the criminal trial is maintainable.
  • Whether the petition is frivolous and constitutes an abuse of the court's process.

Legislation cited

Subjects

  • writ petition
  • abuse of process
  • frivolous litigation
  • dowry death
  • Indian Penal Code
  • Dowry Prohibition Act
  • criminal law
  • court jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Criminal Writ Jurisdiction Case No.863 of 2022
                  Arising Out of PS. Case No.-1117 Year-2021 Thana- HAJIPUR SADAR District- Vaishali
                 ======================================================
                 Milind Sinha Son of Arvind Kumar Sinha, Resident of House No. 16, Village
                 - Arara West, Post- Dharhara, Near Bhagwati Mandir, Police station- Sadar
                 Hajipur, District - Vaishali, (Bihar) - Pin Code- 844117.
                                                                           ... ... Petitioner
                                                        Versus

           1.    The State of Bihar through Director General of Police, Bihar, Patna. Bihar
           2.    National commission For Women, New Delhi. Bihar.
           3.    The Director General of Police, Bihar, Patna. Bihar
           4.    The Inspector General of Police, Bihar, Patna. Bihar
           5.    The Deputy Inspector General of Police, Vaishali, Hajipur. Bihar
           6.    The Superintendent of Police, Vaishali, Hajipur. Bihar
           7.    The S.H.O. Hajpur Sadar Police Station, District - Vaishali, Hajipur. Bihar
           8.    The Sub Divisional Police officer, Vaishali, Hajipur. Bihar
           9.    The Superintendent of Police (City), East Khasi Hills, Shillong- 793001.
                 Meghalay
           10. Arvind Kumar Sinha Son of Shankar Prasad Sinha Resident of House No.
                 16, Village - Arara West , Post- Dharhara, Near Bhagwati Mandir, Police
                 station- Sadar Hajipur, District - Vaishali, (Bihar)- Pin Code- 844117. at
                 present residing upper Mawprem Sillong, P.s.- Sumdengirrii, Meghalay.
           11. Sangita Sinha 3rd wife of Arvind Kumar Sinha Resident of House No. 16,
                 Village - Arara West , Post- Dharhara, Near Bhagwati Mandir, Police
                 station- Sadar Hajipur, District - Vaishali, (Bihar)- Pin Code- 844117. at
                 present residing Upper Mawprem Sillong, P.s. Sumdengirrii, Meghalay.

                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Barun Kumar Choudhary, Advocate
                 For the Respondent/s    :        Mr. Saroj Kr. Sharma, AC to AAG-3
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

4   22-01-2026                    Heard learned counsel for the petitioner. However,

                   there is no representation on behalf of the respondents.
Patna High Court CR. WJC No.863 of 2022(4) dt.22-01-2026
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                          2. The present writ petition has been filed seeking

          following reliefs:

                                 “(I) For issuance of an appropriate
                          writ/writs, rule/rules or direction/directions
                          commanding the concerned official respondent
                          nos. 3 to 7 to arrest the respondent nos. 10 and 11
                          who is accused in Hajipur Sadar P.S. Case No.
                          1117 of 2021 dated 23.12.2021 lodged under
                          Section 341, 323, 306, 498A/34 of the I.P.C. and
                          3/4 of the D.P. Act, for the murder of informant’s
                          mother who was 2nd wife of respondent no. 10 and
                          sautan of respondent no. 11.

                                 (II) For issuance of an appropriate
                          writ/writs, rule/rules or direction or directions
                          commanding the concerned official respondents
                          that after arresting the respondent nos. 10 and 11
                          trial of Hajipur Sadar P.S. Case No. 1117 of 2021
                          dated 23.12.2021 lodged under Section 341, 323,
                          306, 498A/34 of I.P.C. and 3/4 of the D.P. Act, may
                          be expedite and concluded within a certain period
                          and accordingly punish them as per law.

                                 (III) For any other relief or reliefs for which
                          the petitioner may be found entitled thereto as this
                          Hon’ble Court my consider just and proper in the
                          facts and circumstances of the present case.”


                          3. From brief facts of the case as it transpires from

          the record is that the mother of the petitioner died way back in

          the year 1989, when the petitioner was 5 years old. After 32

          years of the death of his mother, the petitioner has preferred this

          writ petition with allegation against respondent nos. 10 and 11,

          stated to be his father and step mother for causing death of his
Patna High Court CR. WJC No.863 of 2022(4) dt.22-01-2026
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          mother. The mother of the petitioner died in Hajipur, Bihar, but

          the petitioner filed the FIR in Shillong, Meghalaya, the work

          place of his father. The allegation against respondent nos. 10

          and 11 is that they have been demanding dowry and on non-

          fulfillment of their demand, the mother of the petitioner was

          murdered and her dead body was cremated with the help of

          maternal relatives of the petitioner. The Shillong police

          registered a Zero FIR and transmitted the matter to the

          Superintendent of Police, Vaishali at Hajipur and on the basis of

          such complaint, Hajipur Sadar P.S. Case No. 1117 of 2021,

          under Sections 341, 323, 306, 498A/34 of the I.P.C. and

          Sections 3/4 of the D.P. Act was instituted against the

          respondent nos. 10 and others. The petitioner previously lodged

          a complaint to the National Commission for Women to the

          aforesaid effect.

                          4. Further perusal of the record shows the Shillong

          police recorded the statement of respondent no. 10, who stated

          that he was already married with one Bindu Devi and thereafter,

          started a live-in relationship with mother of the petitioner and

          subsequently, developed intimacy with respondent no. 11 and

          has been staying with her. After receipt of the complaint at

          Hajipur, the matter was investigated and it appears the witnesses
Patna High Court CR. WJC No.863 of 2022(4) dt.22-01-2026
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          examined during investigation stated that the mother of the

          petitioner died due to snake bite while she had been taking out

          fire-woods for preparing the meal. It has also come in their

          statements that the petitioner was taken to Shillong by

          respondent no. 10, who arranged for his studies. It has also

          come in the statement of the witnesses that the petitioner has

          been putting pressure on his father for his share of the joint

          family property and has been giving applications everywhere

          against his father.

                          5. The background shows the present writ is an

          example of the human greed which knows no boundary. The

          petitioner has filed the present writ against his father and others

          for causing death of his mother without bringing any material on

          record except with bland averments and has the audacity to

          approach this Court in the instant writ petition invoking its

          extraordinary power for granting him the relief as already

          mentioned. If the petitioner was only 2 to 5 months old when his

          mother died, and he was taken care of by his family members

          and there has been no complaints whatsoever by the parents or

          siblings of the deceased mother of the petitioner for all these

          years then without any explanation why there was no complaint

          for unnatural death of his mother for so many years, the
Patna High Court CR. WJC No.863 of 2022(4) dt.22-01-2026
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          petitioner filed the FIR, that too, in Shillong and not at the place

          of occurrence, the natural inference is some ulterior motive on

          part of the petitioner. Further, the FIR has been lodged in

          23.12.2021, when, admittedly, the petitioner has reached the age

          of 32 years, but not just after attaining majority. Not filing the

          case even when the petitioner attained majority in itself shows

          the mischievous nature and malafide of the case of the petitioner

          and therefore, the purpose behind lodging of the FIR after so

          many years is not a quest for truth, but to put pressure on his

          father to yield to the demands of the petitioner. Thus, the

          petitioner appears to have hatched a sinister plot. Therefore, I

          have no hesitation in holding that the present writ petition is

          completely frivolous and is gross abuse of process of law and

          act of the petitioner needs to be nipped in bud and such conduct

          must be deprecated in strongest terms.

                          6. Hence, the instant writ petition is dismissed with

          cost of Rs. 50,000/- (rupees fifty thousand only) on the

          petitioner to be paid to the Patna High Court Legal Services

          Committee within a period of three months. If the cost is not

          deposited within three months, the Collector, Hajipur is directed

          to realize the cost through the process of law.

                          7. Let a copy of this order be sent to the Collector,
          Patna High Court CR. WJC No.863 of 2022(4) dt.22-01-2026
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                    Hajipur for compliance.

                                    8. At this stage, learned counsel for the State

                    appears.


                                                                 (Arun Kumar Jha, J)

Shahnawaz/-

U     T


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