Dismissed¶5

Md. Hasibuddin @ Raza v. State Of Bihar and Anr.

Patna HC8 Jan 2026CR. MISC./38994/2016

Case brief

AI extract

What is this about?

Cognizance quashing refused; prima facie case found on reading of complaint and record; dowry demand of Rs. 10 lakhs alleged; marriage dated 16.06.2003; SDJM Jamui; Complaint Case No. 2134 C of 2014; PS Case No. 2134/2014, District Jamui; CR. MISC. No. 38994 of 2016; Patna High Court; Sandeep Kumar, J.; petitioner Md. Hasibuddin @ Raza; opposite parties State of Bihar and Yasmin Bano; interim stay vacated; liberty to raise grounds at appropriate stage; application dismissed; no statute or precedent cited.

What did the court decide?

Application dismissed; interim order of stay, if any, vacated; petitioner left with liberty to raise all grounds at an appropriate stage; copy of order communicated to the Principal District and Sessions Judge, Jamui through FAX. ¶5

Md. Hasibuddin @ Raza Vs State Of Bihar and Anr. — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶5

Issue for consideration

Whether the High Court had any ground to interfere with the order taking cognizance dated 20.07.2015 passed by the learned SDJM, Jamui in Complaint Case No. 2134 C of 2014, which the petitioner sought to have quashed.

¶2

Ratio / Principle

On reading the complaint and perusing the materials available on record, a prima facie case was found by the learned magistrate for taking cognizance, and this Court found no ground to interfere with the cognizance order.

¶4

Key takeaways

Accordingly, the quashing application is dismissed, with liberty reserved to the petitioner to raise all grounds at an appropriate stage, and any interim order of stay is vacated.ratio¶5

Detailed headnote1 paragraphs

Quashing application dismissed - Patna High Court, Criminal Miscellaneous No. 38994 of 2016 (oral order, 08-01-2026, Sandeep Kumar, J.). Petitioner Md. Hasibuddin @ Raza sought quashing of the order taking cognizance dated 20.07.2015 passed by the learned SDJM, Jamui in Complaint Case No. 2134 C of 2014 (arising out of PS Case No. 2134 of 2014, District Jamui). Prosecution case: the informant's marriage with the petitioner was solemnized on 16.06.2003; all accused persons along with the petitioner allegedly demanded Rs. 10 lakhs as dowry and, on non-fulfillment, assaulted and ousted the informant from the matrimonial home. Reading the complaint and the materials on record, the Court found a prima facie case for taking cognizance and no ground to interfere; it dismissed the application, vacated the interim stay, and left liberty to the petitioner to raise all grounds at an appropriate stage; a copy of the order was communicated to the Principal District and Sessions Judge, Jamui through FAX. No statutory provision or precedent was cited.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.38994 of 2016

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Arising Out of PS. Case No.-2134 Year-2014 Thana- COMPLAINT CASE District- Jamui

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======================================================

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Md. Hasibuddin @ Raza Son of Late Abdul Hamid, Resident of Village / Mohalla- Mirdah Toli Par Nawada, Police Station- Nawada Town Bundel Khand, District- Nawada.

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... ... Petitioner/s

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Versus

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State Of Bihar and Anr null null

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Yasmin Bano daughter of Abu Mohammad @ Natho Mian Resident of Village Post Office- Ardha, Police Station- Chandradeep, District- Jamui.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Binay Kumar For the Opposite Party/s : Mr.Sri Sanjay Kumar Tiwary ======================================================

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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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7 08-01-2026 Heard the parties.

¶13

This application has been filed on behalf of the petitioner for quashing the order taking cognizance dated 20.07.2015 passed by the learned SDJM, Jamui in Complaint Case No. 2134 C of 2014.

¶14

As per the prosecution case, the marriage of the informant was solemnized with the petitioner on 16.06.2003 and when she went to her sasural, all the accused persons along with the petitioner started to demand Rs. 10 lakhs from her as dowry and upon non-fulfillment of the same, she was assaulted and ousted from her matrimonial home.

¶15

From the reading of the complaint and after

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Patna High Court CR. MISC. No.38994 of 2016(7) dt.08-01-2026 2/2

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perusing the materials available on record, it appears that prima facie case has been found by the learned magistrate for taking cognizance and this Court finds no ground to interfere with the same.

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In view of the above, this application is dismissed with a liberty to the petitioner to raise all the grounds at an appropriate stage. Interim order of stay, if any, is also hereby vacated.

¶19

Let a copy of this order be communicated to the Principal District and Sessions Judge, Jamui through FAX for its compliance.

¶20

(Sandeep Kumar, J)

¶21

Vikas/-

¶22

Md. Hasibuddin @ Raza v. State Of Bihar and Anr.

Case brief

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Md. Hasibuddin @ Raza v. State Of Bihar and Anr.

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