Abdul Quyum Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16785 of 2025

Arising Out of PS. Case No.-552 Year-2022 Thana- CHANPATIA District- West Champaran

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Abdul Quyum Son of Late Shekh Chokat @ Late Shekh Sarif villageKhairatiya Baladiha, Ward no. 06, Siswa Bhuinhar, Ps- Nawalpur, Dist- West Champaran

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... ... Petitioner/s

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Versus

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The State of Bihar 2. Shikh Rizwan Son of Late Sheikh kalam village- Pokhariya Rai, Pschanpatiya, Dist- West Chamaparan

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Asmin Khatoon Wife of Late Seikh Kalam village- Pokhariya Rai, Pschanpatiya, Dist- West Chamaparan

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... ... Opposite Party/s

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Appearance : For the Petitioner/s : Mr. Umesh Kumar Gupta, Advocate For the State : Mr. Rajendra Prasad Nat, APP For the Opp. Parties : Mr. Avinash Raj, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER

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2 10-04-2026

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Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite parties.

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2. The petitioner has prayed for quashing the order taking cognizance dated 04.10.2024 passed by the learned Additional District and Sessions Judge-V, Bettiah, West Champaran, in connection with Sessions Case No. 242 of 2023 (arising out of Chanpatia P.S. Case No. 552 of 2022) for the offences under Sections 319(1)(2) of the Cr. P.C., whereby the petition of informant/petitioner has been rejected for summoning the opposite parties as an accused.

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3 . As per the prosecution case, the marriage of the

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Patna High Court CR. MISC. No.16785 of 2025(2) dt.10-04-2026 2/3

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informant’s/petitioner’s daughter, namely Sabnam Khatoon, was solemnized with one Sheikh Arman in the year 2022 as per Muslim rites and customs. After a few months, all the accused persons started torturing her mentally and physically due to nonfulfilment of dowry demands. On 23.10.2022, the informant received information that Asmin Khatoon (sister-in-law of the deceased), Sheikh Rizwan (brother-in-law of the deceased), Shahjahan Khatoon (mother-in-law of the deceased), including Sheikh Arman (husband of the deceased), had strangulated his daughter to death under a conspiracy. Upon hearing this, the informant, along with his family members, reached the matrimonial home of the deceased, where he found that they were trying to conceal the dead body. When he objected, accused Shahjahan Khatoon began arguing with the informant. Consequently, the informant immediately reported the matter to the local police station, Chanpatia , after which the police arrived at the crime scene and took custody of the dead body.

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4. Learned counsel for the petitioner has submitted that there are sufficient grounds to summon O.P. Nos. 2 and 3, who are the brother-in-law and sisters-in-law of the deceased.

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5 . Learned counsel for the opposite parties has submitted that O.P. Nos. 2 and 3 were named in the FIR;

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Patna High Court CR. MISC. No.16785 of 2025(2) dt.10-04-2026 3/3

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however, after a thorough investigation, the allegations were not found to be true against them, and the findings of the investigation were accepted by the learned Magistrate. Accordingly, no cognizance was taken against them. Moreover, the order by which the learned Magistrate did not take cognizance against the O.P. Nos. 2 and 3, was never challenged.

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6. Having heard learned counsel for the parties and upon perusal of the records, this Court finds no ground to interfere with the impugned order dated 04.10.2024. Accordingly, the present application is dismissed.

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(Praveen Kumar, J)

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Jyoti/-

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U T

Abdul Quyum v. The State of Bihar

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Abdul Quyum v. The State of Bihar

Case brief

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