Patna High Court
Ramanand Prasad Singh @ Ramanand Singh vs The State Of Bihar on 16 March, 2026
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36134 of 2022
Arising out of PS. Case No.-30 Year-2018 Thana- MORKAHI District- Khagaria
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Ramanand Prasad Singh @ Ramanand Singh, Son of Late Chaturanand
Prasad Singh Resident of Village - Sabalpur, P.S.- Morkahi, District - Kha-
garia.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Randhir Kumar, Son of Aklu Prasad Singh, Resident of Village - Sabalpur,
Patralay - Madar, Ward No.- 09, P.S.- Morkahi, District - Khagaria.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Krishna Prasad Singh, Sr. Advocate
Mr. Bhaskar Shankar, Advocate
For the Opposite Party/s: Mr. Ajit Kumar, APP
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CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL JUDGMENT
Date : 16-03-2026
Heard Mr. Krishna Prasad Singh, learned senior coun-
sel for the petitioner assisted with Mr. Bhaskar Shankar, learned
counsel for the petitioner and Mr. Ajit Kumar, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks quashing of the order of cognizance
dated 24.11.2021 passed in connection with Morkahi P.S. Case No.
30 of 2018 (G.R. No. 854 of 2018) whereby and whereunder the
learned Sub-divisional Judicial Magistrate, Khagaria has taken
cognizance of the offence under Sections 323, 354, 376, 406, 420,
494 and 506 of the Indian Penal Code.
3. The prosecution case is that the complaint was filed
by one Randhir Kumar on 07.09.2017 before the learned Chief Ju-
Patna High Court CR. MISC. No.36134 of 2022 dt.16-03-2026
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dicial Magistrate, Khagaria, thereafter, the Complaint under Sec-
tion 156(3) Cr.P.C. was sent for registering the FIR and the FIR
was lodged on 05.04.2018. It was alleged that Aklu Singh used to
commit rape upon his mother namely Sita Devi in absence of his
father. It is further alleged that petitioner continued physical rela-
tionship with his mother for last about 5-6 years upon which the
present informant was born. It was narrated to the informant after
becoming major that his father is Aklu Singh, therefore, the infor-
mant has claimed his legal right by declaring the informant as le-
gal heir.
4. Learned counsel for the petitioner submits that the
sample has been taken for paternity test but there is no indication
as to whether report has been received. The filing of complaint
case by son against his father of raping his mother stating that he is
legitimate son is absurd. Moreover, claim of the informant is that
he wanted social recognition, love of his father and legal right in
property that is why the present complaint has been filed. He fur-
ther submits that the complaint has been filed only to settle a dis-
pute taking recourse of criminal case. It is also submitted that the
matter has been proceeded for FSL Report but the petitioner will
get his legal right in property after succeeding in paternity suit and
upon receiving of the FSL Report in his favour.
Patna High Court CR. MISC. No.36134 of 2022 dt.16-03-2026
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5. Learned Additional Public Prosecutor for the State has
vehemently opposed the quashing of the order of cognizance dated
24.11.2021.
6
. In such situation, the present prosecution is nothing
but an abuse of the process of law, therefore, this Court exercising
its inherent power conferred under Section 482 Cr.P.C. corre-
sponding to Section 528 BNSS as well as in view of the judgment
passed by Hon’ble Supreme Court rendered in the case of State of
Haryana & Ors. vs. Chaudhary Bhajan Lal & Ors reported in
AIR 1992 SC 604 quash the order of cognizance dated 24.11.2021
passed in connection with Morkahi P.S. Case No. 30 of 2018 (G.R.
No. 854 of 2018) whereby and whereunder the learned Sub-divi-
sional Judicial Magistrate, Khagaria has taken cognizance of the
offence under Sections 323, 354, 376, 406, 420, 494 and 506 of
the Indian Penal Code so far as the petitioner is concerned.
7. Accordingly, the present petition is allowed.
(Ansul, J)
Vikash/-
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