Patna High Court
Ajay Kumar Jha vs The State Of Bihar on 10 March, 2026
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3786 of 2023
Arising out of PS. Case No.-294 Year-2020 Thana- DARBHANGA SADAR District-
Darbhanga
======================================================
Ajay Kumar Jha, Son of Umesh Jha, R/o Mohalla- Sukh Nagar, P.S- K. Hat
(Madhubani) Dist- Purnea.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ridhi Kumari, Wife of Late Gaurab Kumar Mishra @ Gaurab Mishra @
Bauwa, R/o Mohalla Sukh Nagar in front of Law College, P.S- K. Hat Dist-
Purnea, at permanent village Babu Bhawani P.S- Gamhariya Dist-
Madhepura
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate
For the APP : Mr. Yogendra Kumar, APP
For the OP No. 2 : Mr. Sameer Ranjan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL JUDGMENT
Date : 10-03-2026
Heard Mr. Ram Prawesh Kumar, learned counsel for the
petitioner, Mr. Sameer Ranjan, learned counsel for the
Informant and Mr. Yogendra Kumar, learned Additional Public
Prosecutor.
2. Petitioner seeks quashing of the order of cognizance
dated 02.06.2022 passed by learned Chief Judicial Magistrate,
Darbhanga in Sadar P.S. Case No. 294 of 2020 for the offences
under Sections 498A, 323, 448, 504 and 506/34 of the Indian
Penal Code and Section 3/4 of D.P. Act.
3. The prosecution case is that the informant namely
Patna High Court CR. MISC. No.3786 of 2023 dt.10-03-2026
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Ridhi Kumari gave a written report to the Officer In-charge,
Sadar Darbhanga stating therein that her marriage was
solemnized with one Gaurav Kumar Mishra on 03.06.2015
according to Hindu rites and rituals and the family member of
her husband demanded Rs. 5,00,000/- as a dowry and on non-
fulfilment of the same they started torturing and harassing to
her. It is further alleged that on 05.07.2020, the accused persons
came to the house of the informant and they forcibly took away
the son of the informant aged about four years namely Rishu
Kumar.
4. Learned counsel for the petitioner submits that the
husband of the informant has died in an motor vehicle accident
in the district of Purnea for which K. Nagar P.S. Case No. 94 of
2019 was registered under Sections 279, 427, 304A IPC against
the driver of that vehicle. He further submits that the petitioner
is an Advocate for which a certificate has been issued by the
Secretary, District Bar Association, Purnea on 05.09.2020. It is
also submitted that there is a family dispute and the child of the
lady has been taken away by her in-laws and petitioner being
Lawyer in another case has been implicated in this case. It
seems that he is having no relation with the dispute between the
parties.
Patna High Court CR. MISC. No.3786 of 2023 dt.10-03-2026
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5. Learned counsel for the Informant as well as learned
Additional Public Prosecutor for the State has vehemently
opposed the prayer for quashing of the impugned order of
cognizance dated 02.06.2022.
6. The roots of the instant dispute seems to be elsewhere.
The petitioner, being an Advocate, has been implicated for
representing the adversary in another case. He has no
connection with the family dispute. The instant prosecution thus
is a malicious prosecution.
7. In such view of the matter, the order of cognizance
dated 02.06.2022 passed in Sadar P.S. Case No. 294 of 2020 by
learned Chief Judicial Magistrate, Darbhanga is quashed so far
as the petitioner is concerned.
8. Accordingly, the present petition is allowed.
(Ansul, J)
Vikash/-
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