Patna High Court
Ram Shringar Ram vs The State Of Bihar on 16 July, 2026
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50578 of 2019
Arising Out of PS. Case No.-417 Year-2014 Thana- BAHADURPUR District- Darbhanga
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Ram Shringar Ram, Son of Late Kusheshwar Ram, Resident of Village-
Bariyaul, P.S.- Kamtaul, District- Darbhanga, at present working as Class-IV
employee, in the office of L.N. Mithila University, Darbhanga.
... ... Petitioner
Versus
1. The State of Bihar
2. Subita Devi, Wife of Binod Ram, Resident of Village-Ojhaul, P.S.-
Bahadrupur, District- Darbhanga.
... ... Opposite Parties
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Appearance :
For the Petitioner/s : Mr. Kaushalesh Choudhary, Advocate
For the Opposite Party/s : Mr. Shyam Kumar Singh, APP
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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL JUDGMENT
Date : 16-07-2026
Heard the parties.
2. The present application has been filed by the
petitioner for quashing of order dated 01.09.2018 passed by
learned Chief Judicial Magistrate, Darbhanga in Tr. No.212
of 2018/G.R. No.4394 of 2014 arising out of Bahadurpur
P.S. Case No.417 of 2014, whereby and whereunder the
learned Chief Judicial Magistrate has taken cognizance for
the offences punishable under Sections 323, 341 and 354 of
the Indian Penal Code (in short 'IPC') against the petitioner.
3. The petitioner has moved before this Hon'ble
Court vide Cr. Misc. No.35929 of 2016 for quashing of the
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order dated 20.06.2016 passed by learned District and
Sessions Judge, Darbhanga in Cr. Rev. No.212 of 2016 and
for quashing of order dated 23.01.2016 passed by learned
Chief Judicial Magistrate, Darbhanga in Bahadurpur P.S.
Case No.417 of 2014 and after hearing the parties, this
Court was pleased to quash the aforesaid order dated
20.06.2016
and 23.01.2016, vide judgment and order dated
18.01.2018 passed in Cr. Misc. No.35929 of 2016.
4. The prosecution case, in brief is that on
21.12.2014 at 3 P.M., while the informant was picking wood
for fuel, a person came in the garden to attend the call of
nature which she identified as Ram Shringar Ram, son of
Late Kusheshwar Ram, Resident of Village-Bariyoul, P.S.-
Kamtaul, District-Darbhanga, who was working as a peon in
the Mithila University. It was further alleged that his sister’s
marriage was solemnized with Ram Chandra Ram of Dihlahi
and she’s acquainted to him and used to visit the home of
Ram Chandra Ram at Dihlahi. It is further alleged by
informant that the petitioner went near the informant and
started cracking jokes with her, which she objected,
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whereafter, the petitioner after some time in course of
talking developed malicious intent, pushed her on the ground
of the garden and thereafter tried to open her saree, and
attempted to commit rape forcibly. But, as the informant
shouted, many people rushed towards her, whereupon the
said Ram Shringar Ram fled away. It is further alleged that
she has narrated the entire story to her family members.
Whereupon, her husband went to Dihlahi village and
enquired about the said occurrence with Ram Chandra Ram,
brother-in -law of the petitioner who said that character of
his sala is bad, therefore, whatever you want to do, you
may do. Thereafter, the informant submitted her application
to the Officer-in-charge, Bahadurpur.
5. On the basis of aforesaid fardbeyan,
Bahadurpur P.S. Case No.417 of 2014 has been instituted
against the petitioner under Sections 376/511 of the IPC.
6. The police after investigation, submitted final
form, but learned C.J.M. taking a different view took
cognizance for the offences punishable under Sections 323,
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7. It is submitted by learned counsel appearing
for petitioner that vide order dated 01.09.2018, the learned
C.J.M. took cognizance for the offences punishable under
Sections 323, 341 and 354 of the IPC against the petitioner.
It is submitted that except Section 354 of the IPC, rest of
the offences are compoundable. It is submitted that in
between good sense prevailed between the parties and with
interference of well wishers, the parties arrived on
compromise qua offence punishable under Section 354 of
the IPC also. In this connection, learned counsel has drawn
attention of this Court towards Annexures-8 series of
supplementary affidavit dated 18.03.2024.
8. O.P. No.2 has received notice personally but,
she failed to join the pending proceeding.
9. In view of aforesaid factual submissions and by
taking note of fact that the dispute between the parties has
settled, as they intended to compound the offences under
Section 354 of the IPC, in view of Annexure-8 series, as
discussed aforesaid, the impugned order dated 01.09.2018
passed by learned Chief Judicial Magistrate, Darbhanga in
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Tr. No.212 of 2018/G.R. No.4394 of 2014, arising out of
Bahadurpur P.S. Case No.417 of 2014 is hereby
quashed/set aside qua petitioner to secure the ends of
justice.
10. The application stands allowed.
11. Let a copy of the order be communicated to
the concerned trial court forthwith.
(Chandra Shekhar Jha, J.)
Sanjeet/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 16-07-2026 Transmission Date 16-07-2026
