Patna High Court
CR. WJC/398/2026 of Sania Saindri Vs The state Of Bihar Through Principal secretary home affairs on 24 July 2026
COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.398 of 2026 Arising Out of PS. Case No.-3 Year-2019 Thana- MAHILA P.S. District- Munger ====================================================== Sania Saindri D/O Bindeshwari Prasad Yadav R/O- mohalla-Nayatola Keshopur,P.S. -
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.398 of 2026
Arising Out of PS. Case No.-3 Year-2019 Thana- MAHILA P.S. District- Munger
======================================================
Sania Saindri D/O Bindeshwari Prasad Yadav R/O- mohalla-Nayatola Keshopur,P.S. - Jamalpur, District-Munger
... ... Petitioner/s
Versus
1.
The state Of Bihar Through Principal secretary home affairs Bihar
2.
District magistrate Munger Bihar
3.
Superintendant of police Munger Bihar
4.
Sub divisional police officer Jamalpur Bihar
5.
Officer in charge Jamalpur Police Station Bihar
6.
Ravi Shankar Kumar S/O Dayanand yadav R/O Village - Fulka, P.S.- Jamalpur District- Munger
7.
Renu Devi W/O Dayanand Yadav R/O Village - Fulka, P.S.-Jamalpur District- Munger
8.
Namneen Kumar S/O Dayanand yadav R/O Village - Fulka, P.S.-Jamalpur District- Munger
9.
Dayanand Yadav S/O Dwarika Pd. Yadav R/O Village - Fulka, P.S.-Jamalpur District- Munger
... ... Respondent/s
Appearance :
For the Petitioner/s
:
Mr.Arvind Kumar Singh, Advocate
For the Respondent/s
:
Mr.S.C.4
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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
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ORAL ORDER
24-07-2026 The present writ petition has been filed seeking following relief(s):- "A) In the nature of mandamus commanding the respondents for issuance of direction order or orders for further investigation in Munger Mahila P.S. Case No. 3 of 2019 u/s 498A IPC and 3/4 Dowry Prohibition Act pending in the court of S.D.J.M. Munger, Patna High Court CR. WJC No.398 of 2026(2) dt.24-07-2026
B) Issuance direction or order for collection of audio recorded by petitioner and photograph of the marriage. C) For proper disposal of petition dated 23.09.2025 filed victim girl. D) Other relief as think fit and proper."
02. The petitioner is aggrieved by the submission of charge sheet in connection with Munger Mahila P.S. Case No. 03 of 2019 which was instituted at the instance of the petitioner under Section 498A of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act. Charge sheet has been submitted against respondent nos. 6, 7, 8 and 9 under Section 498A of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act. Still, the petitioner is aggrieved for the reason that her sister and brother- in-law were not examined by the investigating Officer and her representations to the Superintendent of Police and Chief Secretary have not been acted upon.
03. Heard learned counsel for the petitioner.
04. Learned counsel for the petitioner submits that even though the charge sheet has been submitted, this Court could order for further investigation in the matter.
05. Perused the record.
06. It is settled law that if an alternative and Patna High Court CR. WJC No.398 of 2026(2) dt.24-07-2026
efficacious remedy is available to the petitioner, writ petition under Article 226 of the Constitution of India could not be entertained. The petitioner has an alternative remedy in the form of Section 193(9) of the BNSS which is equally efficacious. But the petitioner did not avail this remedy and rushed to this Court which is not proper. Therefore, relegating the petitioner to have recourse of law in appropriate proceeding under the extant statutory provisions, the present writ petition is disposed of.
DKS/- (Arun Kumar Jha, J) U T