AVINASH KRISHNA @ AVINASH KUMAR v. The State of Bihar
CR. MISC./64558/2022 · 2025-05-08
Sandeep Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 69150 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 69150 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.53541 of 2022 Arising Out of PS. Case No.-24 Year-2019 Thana- MAHILA PS District- Khagaria ====================================================== MEENU KUMARI @ MEENU GUPTA W/O SRI NAVNEET KUMAR, D/O LATE RAJESH KUMAR PRABHAKAR Resident of Quarter No- M6, Health Unit, P.O.- and P.S.- Bihpur, District- Bhagalpur (Accused No-4). ... ... Petitioner/s Versus
1. The State of Bihar BIHAR
2. SABITA KUMARI W/O ANAND KUMAR , D/O LATE SADANAND BHAGAT Resident of Village- Tehay, P.S.- Pasraha, District- Khagaria. ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 51779 of 2022 Arising Out of PS. Case No.-24 Year-2019 Thana- MAHILA PS District- Khagaria ======================================================
1. SUMAN KUMAR JOUNPURI SON OF LATE RAJENDRA KUMAR JOUNPURI @ LATE RAJENDRA CHOUDHARI R/O VILLAGE AND P.O. AND P.S.- PIRPAINTI, DISTRICT- BHAGALPUR (ACCUSED NO.5)
2. RAJENDRA SAH @ RAJENDRA SAHU SON OF LATE SIPAHI SHAH @ BHOLA SHAH R/O VILLAGE- HARNACHAK, P.S.- NAUGACHHIA, DISTRICT- BHAGALPUR (ACCUSED NO.6) ... ... Petitioner/s Versus
1. The State of Bihar BIHAR
2. SABITA KUMARI W/O ANAND KUMAR AND D/O LATE SADANANAD BHAGAT VILLAGE- TEHAY, P.S.- PASRAHA, DISTRICT- KHAGARIA ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 53783 of 2022 Arising Out of PS. Case No.-24 Year-2019 Thana- MAHILA PS District- Khagaria ====================================================== RITA KUMARI Wife of Late Rajesh Kumar Prabhakar Resident of Quarter no.- M6, Health Unit, P.O. and P.S.- Bihpur, District - Bhagalpur. (Accused no.- 2) ... ... Petitioner/s Versus
1. The State of Bihar Bihar
Patna High Court CR. MISC. No.53541 of 2022(3) dt.08-05-2025 2/4
2. Sabita Kumari Wife of Anand Kumar D/o Late Sadanand Bhagat, Village - Tehay, P.S.- Pasraha, District - Khagaria. ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 64080 of 2022 Arising Out of PS. Case No.-24 Year-2019 Thana- MAHILA PS District- Khagaria ====================================================== ANANAD KUMAR S/o Late Rajesh Kumar Prabhakar R/o Quarter no. M6, Health Unit, P.O. and P.S.- Bihpur, Distt- Bhagalpur. At present residing at Kalol, P.S.- Kalol City,Distt.- Gandhinagar, State- Gujrat.(Accused no. 1). ... ... Petitioner/s Versus
1. The State of Bihar Bihar
2. Sabita Kumari W/o Anand Kumar and D/o Late Sadanand Bhagat R/o Village- Tehay, P.S.- Pasraha, Distt- Khagaria. ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 64558 of 2022 Arising Out of PS. Case No.-24 Year-2019 Thana- MAHILA PS District- Khagaria ====================================================== AVINASH KRISHNA @ AVINASH KUMAR SON OF LATE RAJESH KUMAR PRABHAKAR R/O QUARTER NO.
M6, HEALTH UNIT, P.O.
AND P.S.- BIHPUR, DISTRICT- BHAGALPUR (ACCUSED NO.3) ... ... Petitioner/s Versus
1. The State of Bihar BIHAR
2. SABITA KUMARI WIFE OF ANAND KUMAR, D/O LATE SADANAND BHAGAT R/O VILLAGE- TEHAY, P.S.- PASRAHA, DISTRICT- KHAGARIA ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 53541 of 2022) For the Petitioner/s : Mr.Nitesh Kumar For the Opposite Party/s : Mr.Jitendra Kumar Singh (In CRIMINAL MISCELLANEOUS No. 51779 of 2022) For the Petitioner/s : Mr.Nitesh Kumar For the Opposite Party/s : Mr.Kalyan Shankar (In CRIMINAL MISCELLANEOUS No. 53783 of 2022) For the Petitioner/s : Mr.Nitesh Kumar For the Opposite Party/s : Mr.Jitendra Kumar Singh (In CRIMINAL MISCELLANEOUS No. 64080 of 2022) For the Petitioner/s : Mr.Nitesh Kumar
Patna High Court CR. MISC. No.53541 of 2022(3) dt.08-05-2025 3/4 For the Opposite Party/s : Mr.Tarun Prasad Mandal (In CRIMINAL MISCELLANEOUS No. 64558 of 2022) For the Petitioner/s : Mr.Nitesh Kumar For the Opposite Party/s : Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 3 08-05-2025 Heard learned counsels for the parties. 2. The present application has been filed for quashing the order taking cognizance dated 24.01.2020 passed in Mahila P.S. Case No.24 of 2019 by the Judicial Magistrate 1st Class, Khagaria invoking the inherent jurisdiction of this Court. At the present the aforesaid case is pending before the Court of Additional District and Sessions Judge, 3rd, Khagaria bearing Sessions Trial No.207 of 2022
3. Petitioner namely, Ananad Kumar is the husband of the O.P. No.2 and the rest of the petitioners are his family members. 4. It has been submitted by both the parties that the petitioner Ananad Kumar and the O.P. No.2 have settled their disputes and divorce has been granted by mutual consent. The parties have agreed for settling the dispute after the payment of Rs. 9 Lakhs by Ananad Kumar to the O.P. No.2, Rs.
4 lakhs has already been paid by Ananad Kumar to the O.P. No.2 and the rest of the amount is being paid to the O.P. No.2 by way of demand draft which is being handed over to the O.P. No.2, who
Patna High Court CR. MISC. No.53541 of 2022(3) dt.08-05-2025 4/4 has been identified by her lawyer. 5. In view of the aforesaid facts, these applications are allowed. Accordingly, the F.I.R., vide Mahila P.S. Case No.24 of 2019 and all consequential proceedings arising out of the aforesaid F.I.R. including the order taking cognizance dated 24.01.2020, passed by the Magistrate are hereby quashed against all the accused persons. shikha/- (Sandeep Kumar, J) U T