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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.77073 of 2025 Arising Out of PS. Case No.-1777 Year-2024 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Ganga Chaudhary S/O Late Mahendra Chaudhary Resident Of Mohalla- Chhoti mazar purani gudri, P.S.- Town, Dist.- Muzaffarpur ... ... Petitioner/s Versus
1. The State Of Bihar Patna
2. Shivani Kumari W/O Kunal Rajak Resident Of Mohalla- Chhoti mazar purani gudri road, Ward no. 40, P.S.- Town, Dist.- Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Raju Kumar For the Opposite Party/s : Mr.Pawan Kumar Chaurasia ======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 2 07-04-2026 Heard learned counsel for the petitioner and learned counsel for the State.
2. The petitioner has challenged for quashing of the
order dated 10.09.2025 passed in Complaint Case No. 1777 of 2024 passed by learned Judicial Magistrate 1st Class (East) Court No. 12, Muzaffarpur registered under Section 341, 323, 354(B) of the Indian Penal Code.
3. As per the allegation a complaint came to be lodged with regard to commission of offence under Sections 341, 323, 354(B) of the Indian Penal Code. The witnesses were examined under the provisions of 202 Cr.P.C and on the basis of statement of the witness cognizance came to be taken for the offences
Patna High Court CR. MISC. No.77073 of 2025(2) dt.07-04-2026 2/2 punishable under Sections 341, 323, 354(B) of Indian Penal Code.
4. Learned counsel for the petitioner has submitted that prior to the lodging of the present case, the wife of the petitioner has lodged Muzaffarpur Town P.S. Case No. 318 of 2024 against the prosecution parties and the present case is nothing but a counter blast to that case lodged by the petitioner.
5. Learned counsel for the State has vehemently opposed the prayer of the petitioner. The grievance of the petitioner is actually a defence which can be adjudicated at the appropriate stage.
6. The present facts and circumstances, a prima facie having made under section 354 which warrants no interference.
7. This application is dismissed.
niku/- (Praveen Kumar, J) U T