IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29176 of 2018 Arising Out of PS. Case No.-860 Year-2017 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ======================================================

Rishikesh Kumar Singh S/o Ram Bilash Singh, R/o Vill.- Shyampur, P.S.- Khodabandpur, District- Begusarai. At present residing at Flat No.12, A Bing 3rd Floor, Kailash Dham, Building Gopal Nagar Lane No.1, Dombibali East , P.S.- Dombibali, District- Maharastra-400708.

... ... Petitioner/s Versus

1. The State of Bihar

2. Minakshi Kumari @ Biuti W/o Rishikesh Kumari Singh, D/o Sri Umesh Prasad Chaudhary, At present residing at Mohallah Baikunthpuri, Aswarylok , P.S.- Ahiyapur, District- Muzaffarpur.

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

with CRIMINAL MISCELLANEOUS No. 26533 of 2018 Arising Out of PS. Case No.-860 Year-2017 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ======================================================

1. Usha Singh wife of Ram Bilash Singh

2. Ram Bilash Singh son of Late Gita Singh Both permanent resident of Village - Shyampur, P.S. Khodabandpur, District - Begusarai at present residing at Mohalla - Ambika Goshwami, Quarter No. 12 D 12 West Anandpuri, Boring Canal Road, P.O. S.K. Puri, P.S. Krishnapuri, District -

Patna.

... ... Petitioner/s Versus

1. The State of Bihar

2. Minakshi Kumari alias Beauty wife of Rishikesh Kumari Singh, Daughter of Sri Umesh Prasad Chaudhary At present residing at Mohalla Baikunthpuri, Aiswaryalok, P.S. - Ahiyapur, District - Muzaffarpur.

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

Appearance :

(In CRIMINAL MISCELLANEOUS No. 29176 of 2018)

For the Petitioner/s : Dr. Anand Kumar, Advocate Ms. Kamya Thakur, Advocate For the State : Mr. Rajeev Nayan, APP For the O.P. No. 2 : Mr. Jitendra Pd. Singh, Sr. Advocate (In CRIMINAL MISCELLANEOUS No. 26533 of 2018)

For the Petitioner/s : Dr. Anand Kumar, Advocate Ms. Kamya Thakur, Advocate For the State : Mr. Ram Naresh Ray, APP For the O.P. No. 2 : Mr. Jitendra Pd. Singh, Sr. Advocate Mr. Rajeev Kumar, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

6 19-02-2026 1. Since both the cases arise out of the same Complaint Case No.860 of 2017, pertain to the same occurrence, they are taken up together and the same are being disposed of by this common order.

2. Heard learned counsel for the petitioners, learned senior counsel for the O.P. No.2 as well as learned A.P.P. for the State in both the cases.

3. The present applications have been filed on behalf of the petitioners for quashing the order dated 29.06.2017 passed in Complaint Case No.860 of 2017 by the learned Sub- Divisional Judicial Magistrate, East Muzaffarpur (hereinafter referred to as ‘Magistrate’) wherein learned Magistrate took cognizance for the offences under Section 498A of the Indian Penal Code, 1860 and under Section 4 of the Dowry Prohibition Act, 1961 against the petitioners who are husband, father-in-law and mother-in-law of the O.P. No.2.

4. The present applications arise out of Complaint Case No. 860 of 2017 instituted by the complainant/O.P. No.2, Minakshi Kumari @ Buiti, before the learned Chief Judicial Magistrate, Muzaffarpur, alleging commission of offences against her by her husband and in-laws. As per the complaint, marriage of O.P. No.2 with the petitioner, Rishikesh Kumar Singh, was solemnized on 29.01.2015 according to Hindu rites and customs at Muzaffarpur. It is alleged that at the time of marriage, substantial dowry articles including gold and silver ornaments, furniture and a sum of Rs. 12 lakhs in cash were given. The O.P. No.2 has alleged that prior to and after the Bidai, the husband (petitioner) and his family members demanded a vehicle and further insisted upon transfer of half share in her paternal house situated at Muzaffarpur. On account of non-fulfilment of the said demand, she was a