IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9848 of 2018 Arising Out of PS. Case No.-601 Year-2016 Thana- DEHRI TOWN District- Rohtas ======================================================

1. Anant Kumar Sahu @ Anant Sahu S/o Krishna Kumar Sahu @ Krishna Prasad Sahu, 2. Krishna Kumar Sahu @ Krishna Prasad Sahu, S/o Late Rajaram Sahu, 3. Manorama Devi @ Manorama Sahu, W/o Sri Krishna Prasad Sahu, 4. Amrita Sahu D/o Krishna Kumar Sahu @ Krishna Prasad Sahu, W/o Ajay Kumar, 5. Anita Sahu D/o Krishna Kumar Sahu @ Krishna Pd. Shau, All R/o Bagicha Para Road, Bhawani Patna, P.S. Sadar Bhawani Patna, District-Kalahandi (Odisa) Presently residing at Village- 503 Tower Parasnath Palatinum Swarnnagari, P.S.- Kasna, District- Gautam Budha nagar, Greater Noida U.P.0.

... ... Petitioner/s Versus

1. State Of Bihar

2. Sweta Sahu D/o Ramnath Prasad Gupta, R/o Pali Road Kutiya Mandir, Shuvganj, P.S.- Dehri, District- Rohtas. At present Residing at 503 Tower Parasnath Platanium Swarnnagari P.S.- Kasna, Distt. Gautam Budha Nagar, Greater Noida U.P..

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

Appearance :

For the Petitioner/s : Mr. Rakesh Kumar Mishra, Advocate Mr. Kanhiaya, Advocate Mr. Abhishek Kumar, Advocate For the State : Mr. Dr.Mrityunjaya Kr.Gautam, APP For the Opposite Party/s : Mr. Tiwari Shwetketu, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

5 19-02-2026 Heard learned counsel for the petitioners, learned counsel for O.P. No. 2 and learned A.P.P. for the State. 2. The present application has been filed on behalf of the petitioners under Section 482 Cr.P.C. for quashing the order of cognizance dated 26.05.2017 passed by the learned S.D.J.M., Dehri, Rohtas (hereinafter referred to as ‘Magistrate’) in Dehri (T) P.S. Case No. 601 of 2016 wherein learned Magistrate took cognizance of the offences under Sections 498A, 323, 504/34 of the Indian Penal Code, 1860 and under Sections 3 and 4 of the Dowry Prohibition Act, 1961 against the petitioners.

3. The case arises out of Dehri (T) P.S. Case No. 601 of 2016 instituted on the basis of the self-statement of O.P. No. 2. As per the F.I.R., the marriage of O.P. No.2 was solemnized with petitioner no.1, Anant Sahu (now deceased), on 19.05.2013 at Dehri Town in accordance with Hindu rites and rituals. After marriage, she initially resided with her husband at Hyderabad, where he was employed, and thereafter shifted with him to Greater Noida upon his transfer. It is alleged that after some time of marriage, she was subjected to cruelty and physical assault by her husband and other in-laws (petitioner nos.2 to 5). The O.P. No.2 has further alleged that at the time of marriage, cash of Rs. 8,00,000/- and jewellery worth approximately Rs. 10,00,000/- were given by her family under pressure to the petitioners, yet the accused persons remained dissatisfied and continued to subject her to harassment for further demands. It has been further alleged that during her pregnancy she was mercilessly assaulted, which compelled her to return to her parental home. Thereafter, on intervention of well-wishers from both sides, the husband executed a bond dated 28.09.2015 assuring proper care, respect and security to her. According to the F.I.R., although there was temporary normalcy, the alleged harassment continued. It is also alleged that subsequently the husband started his own business and obtained a personal loan of Rs. 8,75,000/- in the name of the informant from HDFC Bank for investment in his business, along with a credit card facility of Rs. 2,00,000/-. Upon repayment of the loan, pressure was allegedly exerted upon her to arrange money from her parental family. The informant has further alleged that on 27.10.2016, while residing at Greater Noida, she was again assaulted by her husband and in-laws, after which she returned to her parental home and lodged the present F.I.R.

4. During