Disposed¶46

Mukesh Kumar @ Mukesh Kumar Mahto v. the State of Bihar through the Principal Secretary, Home Deptt., Bihar, Patna

Patna HC10 Feb 2026CR. WJC/1490/2019

Case brief

AI extract

What is this about?

Withdrawal of quashing petition — Patna High Court, CR. WJC Nos. 1486 & 1490 of 2019, order dt. 10-02-2026, Jitendra Kumar, J.; F.I.R. Chautham P.S. Case No. 162 of 2018 (Khagaria) under Sections 498(A)/323/324 r/w 34 IPC and Dowry Prohibition Act; charge-sheet filed and cognizance taken; writ petitions permitted to be withdrawn with liberty to file proceeding against cognizance order and raise objections; disposed of, not decided on merits; no case law relied upon.

What did the court decide?

Permission to withdraw the writ petitions, with liberty to file appropriate proceeding against the cognizance order and to raise all defence/objection against the cognizance order. ¶46

Mukesh Kumar @ Mukesh Kumar Mahto Vs the State of Bihar… — Dowry and Cruelty | Patna HC (2026)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.1486 of 2019

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Arising Out of PS. Case No.-162 Year-2018 Thana- CHAUTHAM District- Khagaria

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

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Bucho Mahto Son of Late Siyaram Mahto Resident of Village- Patel nagar, P.S.- Chautham, District- Khagaria.

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Rupesh Kumar @ Rupesh Kr. Mahto Son of Bucho Mahto Resident of Village- Patel nagar, P.S.- Chautham, District- Khagaria.

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Prem Mahto @ Prem Kumar Son of Bucho Mahto Resident of Village- Patel nagar, P.S.- Chautham, District- Khagaria.

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Shashi Mahto @ Shashi Kumar Son of Bucho Mahto Resident of VillagePatel nagar, P.S.- Chautham, District- Khagaria.

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Meera Devi Wife of Bucho Mahto Resident of Village- Patel nagar, P.S.Chautham, District- Khagaria.

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... ... Petitioner/s

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Versus

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The State Of Bihar Through The Principal Secretary Home Deptt., Bihar, Patna.

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The Director General of Police, Bihar, Patna.

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The District Magistrate, Khagaria. Bihar

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The Superintendent of Police, Khagaria. Bihar

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The Station House Officer, Chautham Police Station, District- Khagaria. Bihar

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Puja Kumari Wife of Pinku Sharma, Daughter of Dashrath Singh Resident of Village- Nawada, P.O.- Nawada, P.S.- Chautham, District- Khagaria.

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... ... Respondent/s

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

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with

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Criminal Writ Jurisdiction Case No. 1490 of 2019

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Arising Out of PS. Case No.-162 Year-2018 Thana- CHAUTHAM District- Khagaria

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

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Mukesh Kumar @ Mukesh Kumar Mahto Son of Bucho Mahto Resident of Village- Patel Nagar, P.S.- Chautham, District- Khagaria.

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... ... Petitioner/s

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Versus

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The State Of Bihar Through The Principal Secretary, Home Deptt., Bihar, Patna

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The Director General of Police, Bihar, Patna

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The District Magistrate, Khagaria. Bihar

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The Superintendent of Police, Khagaria Bihar

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The Station House Officer, Chautham Police Station- District- Khagaria.

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Patna High Court CR. WJC No.1486 of 2019(8) dt.10-02-2026 2/3

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Bihar

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Puja Kumari Wife of Pinku Sharma, Daughter of Dashrath Singh Resident of Village- Nawada, P.O.- Nawada, P.S.- Chautham, District- Khagaria.

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... ... Respondent/s

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====================================================== Appearance : (In Criminal Writ Jurisdiction Case No. 1486 of 2019) For the Petitioner/s : Mr. Pankaj Kumar Jha, Advocate Mr. Vijay Kishore Bhushan, Advocate For the State : Mr. Manish Kumar, GP-4 For the Informant : Mr. Ranjan Kumar Srivastava, Advocate (In Criminal Writ Jurisdiction Case No. 1490 of 2019) For the Petitioner/s : Mr. Ranjan Kumar Singh, Advocate Mr. Niranjan Kumar, Advocate For the State : Mr. Suman Kumar Jha, AC to AAG-3 For the Res. No.6 : Mr. Viveka Nand Singh, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

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8 10-02-2026

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Both the writ petitions have been taken up together as

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they arise out of the same F.I.R. bearing Chautham P.S. Case No. 162 of 2018.

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Both criminal writ petitions have been preferred by the petitioners for quashing the F.I.R. bearing Chautham P.S. Case No. 162 of 2018 registered for the offences punishable under Sections 498(A), 323 and 324 read with Section 34 of the Indian Penal Code and Section Section ¾ of Dowry Prohibition Act.

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However, as per report from the concerned Superintendent of Police and the learned Trial Court, it transpires that in this case not only charge-sheet has been submitted, but even cognizance has been taken against the petitioners and the case is pending for appearance of the

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Patna High Court CR. WJC No.1486 of 2019(8) dt.10-02-2026 3/3

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petitioners.

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At this stage, learned counsel for the petitioners is seeking permission to withdraw the present petition with liberty to file appropriate proceeding against the cognizance order and to raise all defence/objection against the cognizance order.

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Permission is accorded.

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Accordingly, the present writ petitions are disposed of with the aforesaid liberty as sought for.

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(Jitendra Kumar, J.)

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ravishankar/-

Mukesh Kumar @ Mukesh Kumar Mahto v. the State of Bihar through the Principal Secretary, Home Deptt., Bihar, Patna

Case brief

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Mukesh Kumar @ Mukesh Kumar Mahto v. the State of Bihar through the Principal Secretary, Home Deptt., Bihar, Patna

Case brief

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What did the court decide?

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