IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.61631 of 2021 Arising Out of PS. Case No.-2211 Year-2012 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== BHAIRAV KUMAR @ KUMAR GAURAV Son of Anjani Kumar Resident of Village - Musapur, P.S.- Muffasil, District- Samastipur. ... ... Petitioner/s Versus 1. The State of Bihar Bihar 2. Sumitesh Kumar Kaushal Son of Sri Satya Narayan Thakur Resident of Village - Dharampur Chowk, Tajpur Road, Residing in the house of Kailash Prasad Rai, P.S.- Muffasil, District - Samastipur. ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 70913 of 2019 Arising Out of PS. Case No.-2211 Year-2012 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== 1. ANJANI KUMAR S/o Late Shyam Nandan Sah R/o village- Musapur, P.S.- Muffasil, District- Samastipur 2. Kanti Devi W/o Anjani Kumar R/o village- Musapur, P.S.- Muffasil, District- Samastipur 3. Ganesh Kumar S/o Anjani Kumar R/o village- Musapur, P.S.- Muffasil, District- Samastipur 4. Amarjeet kumar S/o Anjani Kumar R/o village- Musapur, P.S.- Muffasil, District- Samastipur 5. Sujeet Kumar S/o Anjani Kumari R/o village- Musapur, P.S.- Muffasil, District- Samastipur 6. Raj Govind Kumar @ Raja S/o Anjani Kumar R/o village- Musapur, P.S.- Muffasil, District- Samastipur ... ... Petitioner/s Versus 1. The State of Bihar Bihar 2. Sumitesh Kumar Kaushal S/o Sri Satya Narayan Thakur R/o village- Dharampur Chowk, Tajpur Road, residing in the house of Kailash Prasad Rai, P.S.- Muffasil, District- Samastipur ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 61631 of 2021) For the Petitioner/s : Mr. Bijay Bhushan Prasad Patna High Court CR. MISC. No.61631 of 2021(3) dt.24-03-2025 2/3 For the Opposite Party/s : Mr.A.G (In CRIMINAL MISCELLANEOUS No. 70913 of 2019) For the Petitioner/s : Mr. Bijay Bhushan Prasad For the Opposite Party/s : Mr. Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 3 24-03-2025 Heard the parties. 2. Both these applications have been filed for quashing the order dated 13.06.2019, passed in Cr. Revision No. 991 of 2017, arising out of C.R. No. 2211/2012 passed by learned 2nd Additional Sessions Judge, Samastipur, whereby and whereunder order dated 12.09.2017 passed in C.R. No. 2211/2012 passed by learned Magistrate, 1st Class, Samastipur had dismissed an application u/s 245 Cr.P.C. filed by petitioner for discharge has been confirmed and also for quashing of aforesaid order dated 12.09.2017 and discharge the petitioners in this case. 3. The prosecution case in brief is that complainant has filed complaint case alleging that he was married to one Kavita Kumari and the marriage was inter caste. After marriage, relatives of his wife started putting pressure to dissolve their marriage. It is further alleged that on 05.10.2012 the accused persons have kidnapped his wife and her mobile phone was switched off. It is further alleged that on 21.12.2012 at about 6 P.M. when petitioner inquired about his wife, accused Raj Patna High Court CR. MISC. No.61631 of 2021(3) dt.24-03-2025 3/3 Govind Kumar became angry and also assaulted him by fist and slaps. Due to this, complainant filed the present case. 4. It has been submitted by learned counsel for the petitioners that petitioners are father, mother and brother of Kavita Kumari. It is further submitted that opposite party no. 2 is harassing the petitioners as he claims that he got married to Kavita Kumari who is not staying with her. 5. From the reading of the entire complaint, I do not find that any criminal case is made out against the family member of the girl. 6. The order dated 13.06.2019, passed in Cr. Revision No. 991 of 2017, arising out of C.R. No. 2211/2012 passed by learned 2nd Additional Sessions Judge, Samastipur, is hereby quashed. 7. Accordingly, both the application stands allowed. Ranjeet/- (Sandeep Kumar, J) U T