Patna High CourtCR. MISC./37305/2016allowed

Anil Kumar Singh v. State Of Bihar And ANR

2026-01-08Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37305 of 2016 Arising Out of PS. Case No.-177 Year-2014 Thana- THAWE District- Gopalganj ====================================================== Anil Kumar Singh Son of ate Sri Ram Singh Resident of village-Kalyanpur, P.S. Barauli, District- Gopalganj ... ... Petitioner/s

Versus

State Of Bihar 2.

Nibha Kumari @ Juli daughter of Nagendra Singh resident of VillageEkderwa Dera Par, P.S.- Thawe, District- Gopalganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Radha Mohan Singh For the Opposite Party/s :

Mr.Sri Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 08-01-2026 Heard the parties.

2. This application has been filed for quashing the order dated 21.12.2015 passed by the Chief Judicial Magistrate, Gopalganj in connection with Thawe P.S. Case No. 177 of 2014 / Trial No. 4654 of 2016.

3. As per the prosecution case, the marriage of the opposite party no. 02 was solemnized with the petitioner in the year 2014. At the time of marriage, the father of the opposite party no. 02 gave money and articles to his daughter as well as a motorcycle to the petitioner but after marriage the petitioner started demanding other articles also and upon non-fulfillment of the same, the opposite party no. 02 and ousted her from the

Patna High Court CR. MISC. No.37305 of 2016(7) dt.08-01-2026 2/2 matrimonial home.

4. Learned counsel for the petitioner submits that the impugned order has been passed in a printed format which is not permissible in law and there is no application of mind before passing the same.

5. In support of the submissions, learned counsel for the petitioner has relied upon the judgment of this Court passed in Cr. Misc. No. 34891 of 2013 (Nokia Siemens Network Private Limited Vs. The State of Bihar).

6. I have considered the submission of the parties and have also gone through the records.

7. From the perusal of the impugned order, it appears that the same has been passed without application of mind and therefore the same cannot be sustained.

8. Accordingly, this application is allowed and the order dated 21.12.2015 passed by the Chief Judicial Magistrate, Gopalganj in connection with Thawe P.S. Case No. 177 of 2014 / Trial No. 4654 of 2016 is hereby quashed with regard to the petitioner.

(Sandeep Kumar, J) Vikas/- U