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IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41165 of 2023

Arising Out of PS. Case No.-89 Year-2021 Thana- MAHILA P.S. District- Rohtas

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1. Rani Gupta @ Kuwar Rani Gupta Wife Of Late Ashok Kumar Resident Of

Village- Khilanganj, Chaukhandi Path, Sasaram , Ps- Sasaram, Distt- Rohtas

2. Sadhna Devi @ Sadhna Kumari Daughter Of Late Ashok Kumar Resident

Of Village- Khilanganj, Chaukhandi Path, Sasaram , Ps- Sasaram, Distt-

Rohtas

3. Amit Kumar Son Of Late Ashok Kumar Resident Of Village- Khilanganj,

Chaukhandi Path, Sasaram , Ps- Sasaram, Distt- Rohtas

... ... Petitioner/s

Versus

1. The State of Bihar

2. Anita Kumari @ Jyoti Kumari Daughter Of Shashi Kant Singh @ Munna

Saw Resident Of Village- Sapullahganj, Po- Sasaram , Ward No. 21, Ps -

Sasaram Town, Distt- Rohtas At Sasaram

... ... Opposite Party/s

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Appearance :

For the Petitioner/s : Mr. Raghunandan Kumar Singh, Adv.

For the State : Mr. Satyendra Narayan Singh, APP

For the O.P. No.2 : Mr. Rajnikant Singh, Adv.

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CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA

ORAL ORDER

3 31-01-2026 Heard learned counsel for the petitioners, learned

APP for the State, and learned counsel for the opposite party

No. 2.

2. The present application has been filed for quashing

of order dated 10.10.2022 passed by the learned Additional

Chief Judicial Magistrate, Rohtas at Sasaram in connection with

Mahila P.S. Case No. 89 of 2021, whereby and whereunder

Patna High Court CR. MISC. No.41165 of 2023(3) dt.31-01-2026

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cognizance was taken against the petitioners and others under

Sections 341, 323, 354, 427, 498A, 506 and 34 of the Indian

Penal Code and Secion 3/4 of the Dowry Prohibition Act and

summons were issued thereunder.

3. The case is one under Section 498A of IPC and

lodged on the basis of the written report of one Anita Kumari,

who is the O.P. No.2, against her husband Ajit Kumar and other

family members including the present petitioners with

allegations of ill-treatment meted out to her on account of non-

fulfillment of demand of dowry.

4. Learned counsel for the petitioners submits, at the

outset, that the petitioners in the present application are the

mother-in-law, who is a senior citizen, married sister-in-law

(nanad) and the brother-in-law (bhaisur) of the opposite party

no.2 and they had never indulged in any act of demand of dowry

or torture inflicted upon the opposite party no.2, as alleged. The

F.I.R. also indicates that there are general and omnibus

allegations leveled by O.P. No.2. It has also been submitted that

as a matter of fact, the husband of the O.P. No.2 had filed an

information petition before the learned Chief Judicial

Magistrate, Rohtas at Sasaram bearing Information Case No.

718 of 2021 against the O.P. No.2 and her family members four

Patna High Court CR. MISC. No.41165 of 2023(3) dt.31-01-2026

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months prior to the present case and it is only thereafter, the

present FIR was lodged.

5. It has been specifically stated that petitioner no.1 is

the mother-in-law, aged about 62 year old, suffering from severe

alignments, while petitioner no. 3 is an employee of Postal

Department, who is posted at a relevant time at Bhusawal and

Annexure-4 of has been brought on record to substantiate such

document. So far as petitioner no. 2 is concerned, she is a

married sister-in-law and even she reside separately and as such,

these petitioners have no connection with the day-to-day affairs

to the opposite party no. 2 and her husband. It has, thus, been

submitted that totally on general and omnibus allegations made

in the F.I.R. by the O.P. No.2, the cognizance was taken against

all the accused persons including the present petitioners by an

order dated 10.10.2022. It also does not reflect proper

application of judicial mind as the materials appearing against

these petitioners have not been pointed out and rather a

sweeping statement has been made th