High CourtsSingle Bench(2026) 09 PAT CK 0481

Kakoli Koley vs The State Of Bihar & Ors.

Patna High Court · Decided on 1 September 2026

HON’BLE JUDGES
Arun Kumar Jha, J
RESULT
Disposed Of
CASE NUMBER
Criminal Writ Jurisdiction Case No.180 of 2026

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Judgment

9 paragraphs · 620 words

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 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 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 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.