Niraj Kumar v. The State Of Bihar Through The Additional Chief Home Department, Govt. Of Bihar, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1952 of 2024 Arising Out of PS. Case No.-995 Year-2021 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Niraj Kumar Son of Karnesh Tiwari R/O- Village- Minapur Rai (Rae), P.S.- Hajipur Sadar, Distt.- Vaishali ... ... Petitioner/s
Versus
1.
The state of Bihar through the Additional Chief Home Department, Govt. of Bihar, Patna Bihar 2.
Rachana Kumari Wife of Niraj Kumar, Daughter of Jagannath Thakur R/OVillage- Sakin Mohalla, Anand Suman Villa, Mittan Ghat, P.S.- Khajekala, Distt.- Patna ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Navnit Kumar For the Respondent/s :
Mr.S.C.28 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 08-07-2025 Heard the parties.
2. This application has been filed on behalf of the petitioner for quashing the Complaint Case No. 995 of 2021 pending in the Court of learned Judicial Magistrate, 1st Class, Patna City and also for quashing the order dated 21.06.2022 passed by the learned Judicial Magistrate, 1st Class, Patna City.
3. As per the prosecution case, the allegation against the petitioner and other accused persons is that they have harassed the complainant on account of demand of dowry and have tortured her.
4. In the opinion of this Court, no ground for
Patna High Court CR. WJC No.1952 of 2024(2) dt.08-07-2025 2/2 interference is made out in the complaint as the only contention fo the learned counsel for the petitioner is that the place of occurrence is Hajipur and the case has been filed at Patna City because the petitioner stays there.
5. It is well settled in various Judgements of the Hon'ble Supreme Court that a criminal case by the wife for demand of dowry and torture can be filed by her from her paternal house or from the place where she is staying now.
6. In these circumstances, this application is dismissed.
(Sandeep Kumar, J) Vikas/- U