Satyajeet Bhagat vs State Of Bihar and Anr

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41581 of 2015
CNR No. BRHC010281872015
Arising Out of PS. Case No.-100 Year-2014 Thana- BATHNAHA District- Sitamarhi
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Satyajeet Bhagat S/o Ramshresth Bhagat R/v - Haribela, P.S.- Batnaha,
District- Sitamarhi.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Nutan Kumari D/o Mithilesh Mahto R/v - Kanhauli, P.S.- Kanhauli, District-
Sitamarhi.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Dinesh Jha, Adv.
For the O.P. No. 2 : Mr. Subodh Kumar, Adv.
For the State : Mr. Ajay Kumar 2, APP
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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL JUDGMENT
Date : 03-11-2026
Heard the parties.
2. The present application has been filed for
quashing of the order dated 01.06.2015 passed in Cr. Rev.
No. 42/15 by the learned Session Judge, Sitamarhi whereby
the learned judge has dismissed the petition of the petitioner
against cognizance as well as the order dated 24.02.2015
passed by learned Sub-divisional Judicial Magistrate, Sadar,
Sitamarhi in Batnaha P.S. Case No. 100/14, G.R. No.
1042/14 whereby the learned Magistrate was pleased to
take cognizance U/s 323, 498(A) IPC and 3/4 D.P. Act and
ordered to be issuance of summon against the petitioner.

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3. Crux of the story is that, a compliant case was
filed by the complainant Nutan Kumari against her husband
Satyajeet Bhagat (petitioner) and other accused persons has
named in the complaint petition. The informant made
allegation in the complaint petition that she was married to
the petitioner on 14.11.2013 in Janki Mandir, Sitamarhi
according to Hindu rights and custom. When the informant
went to her sasural where two lakh rupees cash and one
motorcycle was demanded by the accused persons but the
parents of the informant refused for same. There after the
informant was tortured by the accused persons due to non-
fulfillment of their demand.
4 . Learned Jurisdictional Magistrate send this
matter for proper investigation, by exercising its power
under section 156(3) Cr.P.C., for registering FIR and
investigation, whereafter police submitted charge-sheet
against petitioner for the offences punishable under sections
323, 498(A) I.P.C. and 3/4 D.P. Act exonerating other
accused persons. The learned Jurisdictional Magistrate took
cognizance against petitioner accordingly for the aforesaid

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offences.
5. It is further submitted that the petitioner who is
working in Railway is being harassed by informant/ O.P. No.
2 on regular basis for one or another reason. It is pointed
out that petitioner is working in Railway. It is submitted that
the marriage of O.P. No. 2 was solemnized with petitioner
subsisting her first marriage with one Arun Kr. Chaudhary
and she was pregnant out of said marriage, but concealing
all such facts she solemnized her marriage with this
petitioner. It is submitted that when this matter came to the
knowledge of this petitioner he filed a case before learned
family court, Sitamarhi for declaration of his marriage as null
and void. Learned Family Court, Sitamarhi considering all
available evidence on record through Matrimonial Case No.
286 of 2014, CIS (Reg) No. 15 of 2014 vide order dated
06.02.2023 declared the marriage of this petitioner with
O.P. No. 2 null and void and same was accordingly
dissolved.
6. It is further pointed out that one allegation was
also raised by O.P. No. 2 through separate complaint petition

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filed before learned CJM, Sitamarhi that the learned family
court in aforesaid Matrimonial case, read the forged
marriage certificate in support of previous marriage of O.P.
No. 2 and obtained decree accordingly, but same was also
dismissed vide order dated 06.02.2024. It is also submitted
that aforesaid Matrimonial case was challenged before
learned Division Bench of this Court, which was also
dismissed in want of the prosecution.
7. Beside aforesaid, it is also submitted by learned
counsel that the allegation as raised against petitioner qua
committing physical and mental cruelty is appearing very
much general and omnibus in nature and same was raised
through complaint petition which not appears supported by
affidavit, in view of legal report of Hon’ble Supreme Court as
available through Priyanka Srivastava Vs. State of Uttar
Pradesh [2015 (6) SCC 287].
8. Learned counsel for the informant could not
disputed the aforesaid factual submissions, however, it is
submitted that for the restoration of Matrimonial appeal
before the learned Division Bench of this Court, MJC petition

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has already been filed which is pending and, therefore, it can
be said safely that the order as passed in Matrimonial Case
No. 286 of 2014 not attend its finality.
9. Let it be so, considering the nature of allegation
qua committing cruelty which is appearing very general and
omnibus in nature qua petitioner, and, further as the
allegations which was raised before learned CJM, Sitamarhi
not appears supported by affidavit contrary to the legal ratio
as settled through Priyanka Srivastava case (supra),
accordingly the order of cognizance and also the order as
passed in Cr. Rev. No. 42/15 is hereby set aside/ quashed
qua, petitioner with all its consequential proceedings.
10. Hence, this application stands allowed.
11. TCR, if any, be returned to learned trial court
alongwith the copy of this judgment.

(Chandra Shekhar Jha, J)
Sudha/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 03.11.2026
Transmission Date 03.11.2026