1. Heard the parties.

2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 528 of B.N.S.S., 2023 with the prayer to quash the FIR along with the entire criminal proceeding in connection with Gandey P.S. Case no. 03 of 2026 registered for the offence punishable under Section 85 of B.N.S. and under Section 3/4 of D.P. Act, pending in the court of Judicial Magistrate 1st Class, Giridih

3. It is submitted by the learned counsel for the petitioner that investigation of the case is still going on and charge sheet has not yet been submitted.

4. The allegation against the petitioner is that the petitioner after solemnizing marriage with the informant consequent upon the development of love between the petitioner and the informant; took the informant to his house situated at Ruxkuti but two months prior to lodging of the FIR left for his own house at Jagadih, deserting the informant in the said house at Ruxkuti and did not return to her. When the informant contacted over phone, the family members of the petitioner threatened her and made a dowry demand of Rs.2,00,000/-, motorcycle, bed etc. It is claimed that the petitioner is aged 22 years and is bent upon not keeping the informant with him, in his house and eager to solemnize marriage with another lady.

5. On the basis of the written report submitted by the informant, police registered Gandey P.S. Case No. 03 of 2026 and took up investigation of the case.

6. It is submitted by the learned counsel for the petitioner that the petitioner has not solemnized marriage with the informant and the age of the petitioner is 18 years. It is next submitted by the learned counsel for the petitioner that there is no specific allegation against the petitioner so the offence punishable under Section 85 of Bharatiya Nyaya Sanhita is not made out; nor is there any allegation of demand of dowry against the petitioner, rather the same is against the family members of the petitioner. Relying upon the judgment of this Court in the case of Arvind Kumar vs. The State of Jharkhand & Anr. reported in 2025:JHHC:32784, it is submitted by the learned counsel for the petitioner that in the facts of that case, when the demand of dowry was made by the Sasuralwale (members of the in-law’s family), of the informant of that case, this Court quashed the entire criminal proceeding of that case against the petitioner. Hence, it is submitted that the prayer as made in this criminal miscellaneous petition be allowed.

7. The learned Addl. P.P. on the other hand vehemently oppose the prayer and submits that there is direct and specific allegation against the petitioner of harassing the informant by deserting her in a place namely Ruxkuti to fend for herself with a view to coerce her to meet the unlawful demand of dowry of Rs.2,00,000/-, motorcycle, bed etc. made by the family members of the petitioner and the willful conduct of the petitioner to be eager to marry another lady while his marriage with the informant is subsisting is a conduct of such an nature which is likely to cause danger to the mental health of the informant. It is then submitted by learned Addl. P.P. that the contention of the petitioner that he is aged 18 years or that he has not solemnized marriage with the informant is the defence of the petitioner which he can take during the investigation of the case as well as if required, upon the submission of charge sheet, before the trial court but certainly, the same is not a ground to quash the entire criminal proceeding at this nescent stage. It is next submitted by learned Addl. P.P. that since there is a categorical averment in the FIR that the petitioner is aged 22 years and that he has solemnized marriage with the informant, the same is to be treated to be true at this stage and once the same is treated to be true, certainly the offence punishable under 85 of Bharatiya Nyaya Sanhita is made out against the petitioner. It is lastly submitted that this criminal miscellaneous petition being without any merit be dismissed.

8. Having heard the rival submissions made at the Bar and after going through the materials available in the record, it is pertinent to mention here that there is direct and specific allegation against the petitioner of harassing the informant by deserting her and forcing her to fend for herself at the place namely Ruxkuti and becoming eager to marry another lady, while his marriage with the informant is subsisting, that too with the view to coerce the informant to meet the unlawful demand of dowry of Rs.2,00,000/- , motorcycle, bed etc.. Certainly, the wilful conduct of the petitioner of being eager to marry another lady by deserting his own wife when his marriage with his wife-informant is subsisting, is a conduct of such nature which is likely to cause grave injury to the mental health of the informant.

9. Under such circumstances, if the contents of the FIR are considered to be true then prima facie the offence punishable under Section 85 of Bharatiya Nyaya Sanhita is made out against the petitioner. Therefore, this Court is of the considered view that there is no justifiable reason to accede to the prayer of the petitioner made in this criminal miscellaneous petition in exercise of the power under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023.

10. Accordingly, this criminal miscellaneous petition being without any merit is dismissed.