##PAGE1##

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51148 of 2025

Arising Out of PS. Case No.-162 Year-2025 Thana- ALAMGANJ District- Patna

======================================================

1. Suraj Kumar S/o Ram Babu Mandal R/o Village- Malgama Toal, P.O. and

P.S.- Riga, District- Sitamarhi

2. Prakash Kumar S/o Ram Babu Mandal R/o Village- Malgama Toal, P.O. and

P.S.- Riga, District- Sitamarhi

... ... Petitioner/s

Versus

1. The State of Bihar Bihar

2. Shivani Kumari W/o Prabhat Kumar Resident of Sai Takiya IDH Colony,

P.S.- Alamganj, District- Patna

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s : Mr.Sunil Kumar Pathak, Adv.

For the Opposite Party/s : Ms.Shaheen Begum, APP

======================================================

CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY

ORAL ORDER

2 29-01-2026 Heard learned counsel for the petitioners and learned

A.P.P. for the State.

2. The petitioners have made the following prayer in

this application :-

“That this is an Application for Quashing

of the F.I.R. being Alamganj P.S. Case No.

162 of 2025 dated 11.02.2025 for the

offences u/s 406, 420 I.P.C. against the

above named two Petitioners which is

pending in the Court of A.C.J.M.-VI,

Patna High Court CR. MISC. No.51148 of 2025(2) dt.29-01-2026

2/3

Patna City in which Charge-sheet has

been submitted on 27.05.2025 u/s 406,

420/34 I.P.C.”.

3. The allegations against the petitioners are that they

had taken certain amounts from the informant and had not

returned the same. It has been stated in the F.I.R. by the

informant that she had requested for getting her money back.

4. Learned counsel for the petitioners submits that the

petitioners and the informant are maternal uncle and niece. It

has further been submitted that as far as the transaction of Rs.

3,00,000/- is concerned, there is no evidence with regard to the

same and yet the criminal proceeding is going ahead. It has

further been submitted that it is on account of some personal

differences that the present case has been lodged on false and

concocted ground.

5. In view of the aforesaid submission, let notice be

issued to the Opposite Party No. 2 through both modes i.e.

registered cover with A/D as well as the ordinary process for

which requisites etc., must be filed within one week, failing

which this application shall stand dismissed without further

reference to the Bench.

6. List this case on 25.02.2026 at 2:15 P.M., under

appropriate heading.

Patna High Court CR. MISC. No.51148 of 2025(2) dt.29-01-2026

3/3

7. In the meantime, further proceeding of the learned

Court below in connection with Alamganj P. S. Case No. 162 of

2025, shall remain stayed with respect to the petitioners.

(Sourendra Pandey, J)

Gautam/-

U T