IN THE HIGH COURT OF JUDICATURE AT

PATNA
(Criminal Writ Jurisdiction)
Cr.WJC. No. of 2021
In the matter of an application under
Article 227 of the Constitution of India;
AND
In the matter of:----
Sumit Kumar, son of Late Sachchidanand Singh
Resident of Mohalla—, Distt.----Muzaffarpur
---------Petitioner
Versus
1. The State Of Bihar-----------------------Respondents

To
The Hon’ble Mr. Sanjay Karol, the Hon’ble Chief Justice
of the High Court of Judicature at Patna and his companion
Justices of the said Hon’ble Court.
The humble petition on behalf of the
petitioners named above;
MOST RESPECTFULLY SHEWETH:---
1. That this is an application praying for issuance of a writ in
the nature of Certiorari or an appropriate direction for
setting aside the order dated 11-12-2020 passed by ACJM-
I, Vaishali at Hajipur in Bhagwanpur P.S. Case No. 269 of
2014 (Trial No 2670/2021) as contained in Annexure-I to
this petition, whereby cognizance has been taken against
the Petitioners under Sections 494, 498(A)/34 of the
 Indian Penal Code and Section 3/4 of Dowry Prohibition
Act.
2. That the petitioner supports the present application on
amongst others the following;
GROUNDS:-----
(i) Because the impugned order dated 11-12-2020 is
illegal, arbitrary, malicious and without
jurisdiction.
(ii) Because the court below has passed the impugned
order dated 11-12-2020 on the basis of surmises
and conjectures.
(iii) Because the court below has passed the impugned
order mechanically and on technical and
hypothetical grounds.
(iv) Because the court below failed to appreciate the
fact that on similar accusations another criminal
case is already pending in another court of
competent jurisdiction and the instant case is
against the audi alterum partem rule.
(v) Because the court below has arbitrarily passed the
impugned order on the basis of false FIR and
omnibus and hypothetical charge-sheet submitted
by the police.
3. That the petitioner is citizen of India and resides within the
jurisdiction of this Hon’ble Court.
4. That the petitioners have no criminal antecedent
5. That the prosecution story has been described in the F.I.R.
On 07-12-2014 the informant Ramnarayan Thakur
(opposite party no.-2) submitted an application before the
Bhagwanpur police and alleged torture and demand of
dowry by the in-laws of his daughter Guriya and named all
her in-laws as accused in the Case. On the basis of this
information the police registered Bhagwanpur P.S Case
No.269 of 2014 and after so called investigation submitted
charge-sheet against the petitioners under Sections 494,
 498(A)/34 of the Indian Penal Code and Section 3/4 of
Dowry Prohibition Act.
A Photostat Copy of the
abovementioned FIR in Bhagwanpur P.S Case
No.269 of 2014 is attached herewith and
marked as Annexure-I to this petition.
6. That on the basis of the chargesheet submitted by the
police the learned ACJM-I Vaishali at Hajipur by his
order dated 11-12-2020 in a mechanical manner taken
cognizance of offences Under Sections 494, 498(A)/34 of
the Indian Penal Code and Section 3/4 of Dowry
Prohibition Act.
A copy of the cognizance order dated 11-12-
2020 is attached herewith and marked as
Annexure-II to this petition.
7. That it is pertinent to mention here that earlier Guriya,
daughter of the informant Ramnararayan Thakur filed a
similar case levelling similar charges against the petitioners
before Muzaffarpur police and the same was registered as
Mahila P.S. Case No14 of 2013 under same sections of
criminal Law. To add some new colour section 494 has been
added in the instant Bhagwanpur P.S Case No.269 of 2014
and Ramnarayan Thakur has taken the role informant from
his daughter
A Photostat copy of the FIR of
abovementioned Mahila P.S.
Case No. 14 of 2013 is attached
herewith and marked as
Annexure-III to this petition
8. That it is submitted hereby that on 04-02-2013 Sumit
Kumar ( petitioner no. 1)was forced to marry Guriya on gun
point by the informant and his goons. This so called marriage
was solemnized by playing fraud and by use of force by the
opposite party no 2 and his family members. Sumit Kumar
has filed Matrimonial Case No. 167 of 2014 before Principal
Judge Family Court, Muzaffarpur for declaring the aforesaid
masrriage null and void.
A copy of the petition in
abovementioned of
abovementioned Matrimonial
Case No. 167 of 2014 is attached
herewith and marked as
Annexure-IV to this petition

9.That Sumit Kumar has filed Complaint case No 392 of

2013 under Sections 120-B, 406, 420, 423 and 504 of the
Indian Penal Code in the Court of Chief Judicial Magistrate,
Vaishali at Hajipur against the abovementioned forced and
fraudulent marriage.
A Photostat copy of the
abovementioned Complaint case
No. 392 of 2013 is attached
herewith and marked as
Annexure-V to this petition
10. That it is submitted most humbly that the petitioners are
law abiding and innocent persons and they have not
committed any crime rather they have been implicated in this
case to pressurize and blackmail in order to extort money
from Sumit Kumar and his family.
11. That on 06-7-2020 Sunny Kumar (petitioner no.3)
submitted an application to I.G. Police, Tirhut Zone
Muzaffara
11. That it is settled principle of Law that no person can be
punished for the same offence more than ones. It is against
audi alterum partem rule. And the present petitioners are
being prosecuted for the same accusations in two different
courts of similar jurisdictions which is against the Law.
12. That in view of the facts and circumstances mentioned
above it is submitted most humbly that the petitioners are
innocent and if the cognizance order dated 11-12-2020 passed
by learned ACJM-I Vaishali and the entire proceedings
initiated against the petitioners are not set aside it will
occasion failure of justice and cause irrepairable loss and
injury to the petitioners.
13. That the petitioners have no other efficacious alternative
remedy to get justice except to approach this Hon’ble Court
by way of filing the present petition.
14. That the petitioner has not moved this Hon’ble Court
earlier either for the relief sought for in this application or
in respect of the contents thereof.
It is, therefore, prayed Your Lordships
may graciously be pleased to admit this
petition, issue Rule NISI calling upon the
respondents to show cause as to why the
prayer made by the petitioner in paragraph
no. 1 of this petition be not granted and after
hearing the parties be pleased further to
make the rule absolute against the
respondents by allowing this petition and by
granting the relief sought for.
AND
Be pleased further to pass such other order
or orders which Your Lordships may deem
fit and proper in the facts and circumstances
of this case.
And for this the petitioners will ever pray.