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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8910 of 2020 Arising out of PS. Case No.-37 Year-2016 Thana- MAHILA P.S. District- Nawada ====================================================== Anil Kumar Sharma Son of Rameshwer Singh Resident of Village - Kajur, P.S.- Atri, Dist.- Gaya. ... ... Petitioner/s Versus
1. The State of Bihar
2. Sarita Kumari W/o Anil Kumar Sharma Resident of Village - Kajur, P.S.- Atri, Dist.- Gaya, At present D/o Rajendra Prasad Singh, R/o Vill- Samai, P.S.- Muffasil, Distt.- Nawada. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Amresh Kumar Sinha, Advocate For the State : Mr. Pranav Kumar, APP For the Informant : Mr. Ajay Kumar, Sr. Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANSUL ORAL JUDGMENT Date : 12-05-2026 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.
2. Petitioner seeks quashing of the order of cognizance dated 02.05.2018 passed by learned Sub-divisional Judicial Magistrate, Nawada in Mahila P.S. Case No. 37 of 2016 (G.R. No. 1911 of 2016) by which he has taken cognizance for the offences under Sections 498(A) and 494 of Indian Penal Code and Sections 3/4 of D.P. Act.
3. The allegation against the petitioner is of adulterous relationship with a lady or bigamy.
Patna High Court CR. MISC. No.8910 of 2020 dt.12-05-2026 2/2
4. Petitioner claims that he married Nutan Kumari after taking permission from his first wife.
5. The wife has no authority at all to sanction second marriage. That power is vested with the legislature.
6. In such view of the matter, the present application is dismissed.
7. The trial court is directed to expedite the trial. Vikash/- (Ansul, J) AFR/NAFR NAFR CAV DATE N/A Uploading Date Transmission Date