Kakoli Koley vs The State of Bihar, through the Principal Secretary, Department of Home, Government of Bihar, Patna

Court
Patna High Court

IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.180 of 2026
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Kakoli Koley Wife of Abhay Kumar, Daughter of Late Bidhu Bag Rent
Owner Swarup Kundu, Ramraja Tala, Bakultala Lane, P.S.- Jagacha, P.O.-
Santragachi, District-Howrah, West Bengal - 711104.
... ... Petitioner/s
Versus
1. The State of Bihar, through the Principal Secretary, Department of Home,
Government of Bihar, Patna Bihar
2. The Principal Judge, Family Court Darbhanga.
3. The Superintendent of Police Darbhanga.
4. The Station House Officer (S.H.O.), Darbhanga Sadar Police Station
District- Darbhanga.
5. Abhay Kumar Son of Uday Narayan Prasad At present branch manager of
Infoland Finance Limited, Resident of Mohalla Sareya, (ward no. 4),
Gopalganj, District - Gopalganj (Bihar)
6. Pramila Devi W/O Uday Narayan Prasad Mother of Abhay Kumar, Resident
of Mohalla Sareya, (ward no. 4), Gopalganj, District - Gopalganj (Bihar)
7. Uday Narayan Prasad Father of Abhay Kumar, Government Employee of
Gopalganj Kishore Nyalaya Mohalla - Sareya, (ward no. 4), Gopalganj,
District - Gopalganj (Bihar).
8. Ajay Prasad S/O Uday Narayan Prasad Elder bother of Abhay Kumar, own
establishment well within the jurisdiction of this honourable high Court
Mohalla - Sareya, (ward no. 4), Gopalganj, District - Gopalganj Bihar).
... ... Respondent/s
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Appearance :
For the Petitioner/s : In person
For the State : Mr.Suman Kumar Jha, AC to AAG-3
For Respondent No. 2 : Ms. Surya Nilambari, Advocate
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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
Date : 01-09-2026
The present petition has been filed seeking
following relief(s):-
"i. For issuance of a direction to the Learned
Principal Judge, Family Court, Darbhanga to
immediately hear and dispose of the
application filed by the Petitioner in
Maintenance Case No. 66/2023 praying for

Patna High Court CR. WJC No.180 of 2026 dt.01-09-2026
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the preservation and "call for" of the CCTV
Footage of Darbhanga Sadar Police Station
datedd 27.06.2022 and 28.06.2022.
ii. For issuance of a direction to the Learned
Principal Judge, Family Court, Darbhanga,
after checking CCTV Footage of DBG Sadar
Police Station dated 27.06.2022 and
28.06..2022, call for to Pramila Devi, Uday
Narayan Prasad and Ajay Prasad because
Respondent no 6, 7, 8 gave forcefully
marriage to the petitioner with Respondent
no 5 which was finalised at DBG Sadar PS
by help of DBG Sadar PS on 28/6/22.
iii. For issuance of a direction to the Learned
Principal Judge quary to Respondent no. 6, 7
and 8 why they hve the marriage for 1 days
and why was she deprived of her in-law's
property from the next day of marriage?
Why within 10 days of marriage, the petition
was thrown out by lodging 3 false cases
against her and why the petitioner's Aadhar
card is denied from getting changed?
iv. For issuance of a direction to the learned
Principal Judge, either the petitioner should
be accepted with due respect as the wife of
Respondent no 5 if they deny, then the
honourable Principal Judge should check the
CCTV Footage of DBG Sadar Police Station
and cancel the marriage and against
respondent 6, 7, 8 proper section shoiuld be

Patna High Court CR. WJC No.180 of 2026 dt.01-09-2026
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added to FIR 51/22 which is now currently
in ADJ Ist Session Court for Servere
Punishment for crime of aborting, creating
fake legal marriage, and also for not giving
proper respect after giving marriage as a
Hindu Marriage Act and also stop 5000 as
per Respondent 5 A. Bail ground of Patna
High Court.
v. Respondent Authorities to ensure the
preservation of the said CCTV footage as it
is a vital piece of evidence to prove the
circumstances of the marriage and the
coercion exercised by the Opposite Party and
Police officials.
vi. And other relief or reliefs which Your
Lordships may deem fit and proper in the
facts and circumstances of the case."
02. From bare perusal of the relief portion it is clear
that the present petition filed under Article 226 of the
Constitution of India is not maintainable. The present petition
has been filed seeking certain directions to the learned Principal
Judge, Family Court, Darbhanga in connection with
Maintenance Case No. 66 of 2023. Further relief sought by the
petitioner is with regard to her grievance in connection with
proceeding in the aforesaid maintenance case. I find the present
writ petition to be totally misconceived. If the petitioner has any

Patna High Court CR. WJC No.180 of 2026 dt.01-09-2026
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grievance against the working of the Family Court, Darbhanga,
she is at liberty to have recourse of law in appropriate
proceeding but no case is made out for issuance of writ under
Article 226 of the Constitution of India against learned Principal
Judge, Family Court, Darbhanga. In any case judicial
proceedings/orders are not amenable to writ jurisdiction. Further
relief sought by the petitioner is in connection with FIR No. 51
of 2022 which appears to be pending before the court of learned
Additional Sessions Judge-Ist, Darbhanga and the same relates
to the allegation made by the petitioner against the private
respondents and a court and its proceedings, and the same could
not be entertained in the present writ petition.
03. In the light of discussion made hereinbefore, I
find the present writ petition to be not maintainable and hence,
the same is disposed of relegating the petitioner to have recourse
of law in appropriate proceeding before appropriate forum.

(Arun Kumar Jha, J)
DKS/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 03.09.2026
Transmission Date NA