IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.49071 of 2025 Arising Out of PS. Case No.-2655 Year-2023 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ======================================================

Rakesh Kumar S/O Late Rajbanshi Chaudhary @ Rajbanshi Choudhary Resident of Village/Mohalla- Anwapur @ Anwarpur Purvi, P.S. - Town Hajipur, District- Vaishali.

... ... Petitioner/s Versus

1. The State of Bihar

2. Namita Kumari W/O Rakesh Kumar, D/O Kamleshwar Paswan @

Kamleshwar Ram R/O Village/Mohalla- Anwarpur @ Anwarpur Purvi, P.S- Town Hajipur, Distt.- Vaishali, At present R/O Village- Dumri Govindganj, P.S- Patahi, Distt.- East Champaran.

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

Appearance :

For the Petitioner/s : Mr.Bipin Bihari Singh, Advocate For the Opposite Party/s : Ms.Pushpa Sinha.1, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY

ORAL JUDGMENT

Date : 19-02-2026 Heard the learned counsel for the parties.

2. The petitioner has filed the present case for following relief(s):

‘For quashing and setting aside the order-dated 16.04.2024 passed by Learned Judicial Magistrate, 1st Class, Motihari (East Champaran) in connection with Enq. No. 233/2023 arising out of Complaint Case No. 2655 of 2023 dated 20.09.2023 whereby and where under cognizance has been taken for the offences under Section 498A of the Indian Penal Code and Sections 3, 4 of the Dowry Prohibition Act against the petitioner.’

3. That, the prosecution case in brief is that the marriage of the complainant, Namita Kumari, was solemnized with petitioner Rakesh Kumar on 28.04.2021 as per Hindu rites and customs. It is alleged that after a few days of marriage the petitioner and his family members started subjecting her to cruelty and demanding dowry of Rs. 10 lakh, and she was threatened with ill-treatment on non-fulfilment of such demand. The complainant has further alleged that she was misbehaved with, deprived of basic facilities and on 15.06.2023 was assaulted and driven out of the matrimonial home. It is also alleged that despite Panchayati, the accused persons refused to keep her in the matrimonial house or restore her matrimonial rights. On the basis of the complaint, Complaint Case No. 2655 of 2023 dated 20.09.2023 was instituted and cognizance has been taken for the offences under section 498A IPC and sections 3 and 4 of the Dowry Prohibition Act by the learned Judicial Magistrate, 1st Class, Motihari (East Champaran).

4. Learned counsel for the petitioner submits that the defence of the petitioner is complete denial of the allegations made in the complaint petition in any manner whatsoever. It has been submitted that the petitioner has falsely been implicated in the present case at the instance of his enemies and the entire prosecution story is palpably false and concocted based on malicious, malafide and baseless grounds. It has further been submitted that from bare perusal of the complaint petition itself, no specific allegation is made against the petitioner, rather the allegations are general and omnibus in nature. He further submits that the petitioner had earlier instituted matrimonial Divorce Case No. 319 of 2023 against the complainant on 18.07.2023 before the learned Principal Judge, Family Court, Vaishali at Hajipur and only thereafter, after about two months, the present complaint came to be filed by O.P. No.2 on 20.09.2023. It has next been submitted that the said Divorce Case was ultimately heard and allowed vide order dated 27.11.2024. Learned counsel for the petitioner further submits that the conduct of O.P. No.2 is evident from the fact that she had forcibly entered the house of the petitioner, for which an application dated 11.11.2023 was submitted before the S.H.O., Town Police Station, Hajipur. It has been submitted that the petitioner was left with no option but to leave his own house and is presently residing as a t