Bholan Mishra Vs the State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21660 of 2024

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Arising Out of PS. Case No.-488 Year-2020 Thana- COMPLAINT CASE District- Supaul

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Bholan Mishra S/O Late Chedi Mishra R/O Village- Brahmin Toli, Nohatta, P.O- Nohatta, P.S- Nohatta, Distt.- Saharsa, Presently Residing At Distt.Hospital Quarter, P.S- Siddharthnagar Town, Distt.- Siddharthnagar, U.P.

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Vibha Mishra W/O Bholan Mishra R/O Village- Brahmin Toli, Nohatta, P.ONohatta, P.S- Nohatta, Distt.- Saharsa, Presently Residing At Distt.- Hospital Quarter, P.S- Siddharthnagar Town, Distt.- Siddharthnagar, U.P.

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Juhi Kumari Mishra D/O Bholan Mishra R/O Village- Brahmin Toli, Nohatta, P.O- Nohatta, P.S- Nohatta, Distt.- Saharsa, Presently Residing At Distt.- Hospital Quarter, P.S- Siddharthnagar Town, Distt.- Siddharthnagar, U.P.

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... ... Petitioner/s

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Versus

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The State Of Bihar

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Nisha Kumari W/O Kaushal Kumar Mishra, D/O Sambhu Nath Mishra R/O Village- Karnpur, P.S- Supaul, Post- Supaul, Distt.- Supaul.

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... ... Opposite Party/s

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with

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CRIMINAL MISCELLANEOUS No. 81760 of 2024

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Arising Out of PS. Case No.-488 Year-2020 Thana- COMPLAINT CASE District- Supaul

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Kaushal Kumar Mishra Son of Bholan Mishra Permanent R/O Vill.- Brahmin Toli, Nohatta, Post- Nohatta, P.S.- Nohatta, Dist.- Saharsa. Presently R/at Dist. Hospital Quarter, P.S.- Siddharthnagar, Town, Dist.- Siddharthnagar, U.P.

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... ... Petitioner/s

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Versus

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The State Of Bihar

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Nisha Kumari Wife of Kaushal Kumar Mishra, D/O Sambhu Nath Mishra R/O Vill.- Karnpur, P.S.- Supaul, Post- Supaul, Dist.- Supaul.

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... ... Opposite Party/s

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====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 21660 of 2024) For the Petitioner/s : Mr. Shashank Chandra, Advocate For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP (In CRIMINAL MISCELLANEOUS No. 81760 of 2024) For the Petitioner/s : Mr. Shashank Chandra, Advocate For the Opposite Party/s : Ms. Suman Kumari Singh, APP ======================================================

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Patna High Court CR. MISC. No.21660 of 2024(3) dt.13-10-2025 2/4

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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

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3 13-10-2025 Heard Mr. Shashank Chandra, learned counsel

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appearing on behalf of the petitioners and learned APPs appearing on behalf of the opposite party.

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The present application has been filed for quashing the order dated 16.03.2021 passed by the learned Additional Chief Judicial Magistrate, Patna in Supaul Complaint Case no.488C of 2020, by which cognizance of the offences has been taken under Sections 323, 341, 498(a), 379 and 120(B) of the Indian Penal Code.

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At the outset, it is informed that an application under Section 13B of the Hindu Marriage Act, 1955 has jointly been filed by the O.P. No.2 namely Nisha Kumari and her husband namely Kaushal Kumar Mishra before the Principal Judge, Supaul on 04.09.2025 for mutual dissolution of their marriage on certain terms and conditions and the same has been disposed of vide order dated 12.09.2025. Learned counsel, in this view, submitted that no case is made out against the petitioners and the entire criminal proceeding in connection with Supaul Complaint Case no.488C of 2020 is fit to be set aside and quashed in light of the law laid down by the Apex Court in the case of B.S. Joshi v. State of Haryana, reported in, (2003)

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Patna High Court CR. MISC. No.21660 of 2024(3) dt.13-10-2025 3/4

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4 SCC 675 ; Gian Singh v. State of Punjab , reported in (2012) 10 SCC 303; Jitendra Raghuvanshi & Ors. Vs. Babita Raghuvanshi & Ors. , reported in (2013) 4 SCC 58 and Yogendra Yadav & Ors. Vs. State of Jharkhand & Anr. reported in (2014) 9 SCC 653 .

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In view of the application jointly filed under Section 13B of the Hindu Marriage Act, 1955 by the O.P. No.2 namely Nisha Kumari and her husband namely Kaushal Kumar Mishra before the learned Principal Judge, Supaul on 04.09.2025, for mutual dissolution of their marriage on certain terms and conditions and the same having been disposed of vide order dated 12.09.2025, I find that in light of the law laid down by the Apex Court, as discussed hereinabove, continuation of the criminal proceeding against the petitioners will be abuse of process of law.

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Accordingly, order taking cognizance dated 16.03.2021 and the entire proceeding in connection with Supaul Complaint Case no.488C of 2020 pending in the Court of the learned Additional Chief Judicial Magistrate, Patna are set aside and quashed.

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