IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.140 of 2025 Arising Out of PS. Case No.-61 Year-2023 Thana- MAHILA PS District- Aurangabad ======================================================

Sumitra Devi, W/o Ramesh Prasad @ Ramesh Prasad Gupta, R/O Vill.- Akodi Gola, P.S.- Akodi Gola, Dist.- Rohtas.

... ... Petitioner/s Versus

1. The State of Bihar

2. Simran Kumari, Wife of Sunny Kumar, D/O Vinod Kumar, R/O Vill.- Akodi Gola, P.S.- Akodi Gola, Dist.- Rohtas. At Present R/at Ward no.7, P.S.-

Nabinagar, Dist.- Aurangabad.

... ... Opposite Party/s ======================================================

Appearance :

For the Petitioner/s : Mr. Aman Vishal, Advocate For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP For the Opposite Party No.2: Ms. Mukul Kumari, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY

CAV JUDGMENT

Date : 23-02-2026 Heard Mr. Aman Vishal, learned counsel for the petitioner, Ms. Mukul Kumari, learned counsel for the opposite party no.2 and learned A.P.P. for the State.

2. The present application has been filed by the petitioner invoking the inherent jurisdiction of this Hon’ble Court for quashing the order dated 02.04.2024 passed by the learned Sub-divisional Judicial Magistrate, Aurangabad (Bihar) in Trial No.1898 of 2024 arising out of Aurangabad Mahila P.S. Case No.61 of 2023 dated 05.11.2023 by which cognizance for the offence under Sections 341, 323, 498A, 504, 506, 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act, 1961 has been taken against the petitioner.

3. The facts giving rise to the present application are to the effect that the informant, Simran Kumari/ opposite party no.2 alleged that her marriage was solemnized with Sunny Kumar on 28.06.2023 in Aurangabad and at the time of marriage, cash of Rs.30,00,000/- was given along with jewelry and other household articles as gifts. It is alleged that after reaching her matrimonial house, she was demanded a motorcycle and diamond ring and when she showed her inability, she was abused and assaulted by Sunny Kumar (husband) and Sumitra Devi mother-in-law (petitioner), Puja Kumari and Mita Devi. It is alleged that when the parents of the informant/ opposite party no.2 came for conciliation, even they were abused and ousted from her matrimonial house along with the informant/ opposite party no.2. It is alleged that the husband of the informant/ opposite party no.2 took her back again on 05.11.2023, however, the husband and mother-in-law started harassing her again for dowry. It has lastly been alleged that her husband had locked her in a room and had assaulted her and she was also four months pregnant at the relevant time.

4. Upon such complaint, Aurangabad Mahila P.S.

Case No. 61 of 2023 was registered for the offences under Sections 341, 323, 504, 506, 498A and 34 of the Indian Penal Code against Sunny Kumar (husband), Sumitra Devi mother-in-

law (petitioner), Puja Kumari and Mita Devi.

5. After investigation, the I.O. submitted charge-sheet for the aforesaid offences along with Section 3/4 of the Dowry Prohibition Act, 1961 and subsequently, upon submission of the charge-sheet cognizance was also taken vide order dated 02.04.2024 against accused Sunny Kumar and the petitioner for the alleged offences.

6. Learned counsel for the petitioner assails the impugned order taking cognizance on the ground that the present case is a fall out of matrimonial discord between husband and the wife and she has falsely been implicated in the present matter on false and fabricated story. It has further been submitted that from perusal of the FIR, it would appear that barring general and omnibus allegation of cruelty alleged against the petitioner, there is nothing specific alleged against her. It has next been submitted that during the course of investigation no independent witness has supported the prosecution allegations and only the family members of the informant/opposite