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PATNA HIGH COURT
HONOURABLE MR. PURNENDU SINGH, J
Sarfe Alam – Appellant
Versus
The State of Bihar – Respondent
| Table of Content |
|---|
| 1. overview of marriage and allegations against the petitioner. (Para 2 , 3 , 4) |
| 2. petitioner's claim of innocence and counter-allegations. (Para 5 , 6 , 7) |
| 3. legal standards for establishing cruelty under section 498a ipc. (Para 11 , 12 , 13) |
| 4. judicial scrutiny of the magistrate's cognizance based on lack of evidence. (Para 14 , 18 , 19) |
| 5. quashing of the learned sdjm's order due to insufficient justification. (Para 20 , 21) |
ORAL JUDGMENT
Date : 08-12-2025
Heard Mr. Irfanul Haque, learned counsel appearing on behalf of the petitioner; Ms. Rekha Ranjan Prasad, learned counsel for OP No.2 and Mr. Damodar Prasad Tiwary, learned APP for the State.
2. The petitioner has preferred the application under Section 528 of BNSS , 2023 for quashing of order dated 29.08.2024 passed in Mahila PS Case No.09 of 2024 (Sup. G.R. Case No.6 of 2024) (G.R.Case No.375/24) by the learned SDJM, Samastipur, whereby the cognizance has been taken under Sections 341 , 323, 504, 506 and 498A of IPC and Sections ¾ of D.P. Act.
3. The prosecution story in short is that the marriage of the informant (O.P. No.2) solemnized with the petitioner (Sarfe Alam) on 28.06.2023 as per the Muslim customs at Azad
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