Citation : 2026 Latest Caselaw 1216 Patna
Judgement Date : 12 May, 2026
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8910 of 2020
Arising out of PS. Case No.-37 Year-2016 Thana- MAHILA P.S. District- Nawada
======================================================
Anil Kumar Sharma Son of Rameshwer Singh Resident of Village - Kajur,
P.S.- Atri, Dist.- Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sarita Kumari W/o Anil Kumar Sharma Resident of Village - Kajur, P.S.-
Atri, Dist.- Gaya, At present D/o Rajendra Prasad Singh, R/o Vill- Samai,
P.S.- Muffasil, Distt.- Nawada.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amresh Kumar Sinha, Advocate
For the State : Mr. Pranav Kumar, APP
For the Informant : Mr. Ajay Kumar, Sr. Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL JUDGMENT
Date : 12-05-2026
Heard learned counsel for the petitioner, learned counsel
for the informant and learned Additional Public Prosecutor for the
State.
2. Petitioner seeks quashing of the order of cognizance
dated 02.05.2018 passed by learned Sub-divisional Judicial
Magistrate, Nawada in Mahila P.S. Case No. 37 of 2016 (G.R. No.
1911 of 2016) by which he has taken cognizance for the offences
under Sections 498(A) and 494 of Indian Penal Code and Sections
3/4 of D.P. Act.
3. The allegation against the petitioner is of adulterous
relationship with a lady or bigamy.
Patna High Court CR. MISC. No.8910 of 2020 dt.12-05-2026
4. Petitioner claims that he married Nutan Kumari after
taking permission from his first wife.
5. The wife has no authority at all to sanction second
marriage. That power is vested with the legislature.
6. In such view of the matter, the present application is
dismissed.
7. The trial court is directed to expedite the trial.
(Ansul, J) Vikash/-
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