Ganesh Kumar @Ganesh vs The State Of Bihar on 23 July, 2026

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    Patna High Court – Orders

    Ganesh Kumar @Ganesh vs The State Of Bihar on 23 July, 2026

                          IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL MISCELLANEOUS No.56981 of 2023
                     Arising Out of PS. Case No.-2043 Year-2018 Thana- MUZFFARPUR COMPLAINT CASE
                                                      District- Muzaffarpur
                     ======================================================
                     GANESH KUMAR @GANESH SON OF VISHUNDEV MAHATO @
                     VISHNU DEV MAHTO RESIDENT OF VILLAGE- UDAYPUR, P.S.-
                     ROSERA, DIST.- SAMASTIPUR
    
                                                                                   ... ... Petitioner/s
                                                         Versus
               1.    The State of Bihar BIHAR
               2.    GEETA DEVI WIFE OF RANJEET KUMAR RESIDENT OF VILLAGE-
                     HASANPUR , PS AND PO- HASANPUR, DISTT- SAMASTIPUR
    
                                                            ... ... Opposite Party/s
                     ======================================================
                     Appearance :
                     For the Petitioner/s     :     Mr.Sanjeev Ranjan, Advocate
                     For the Opposite Party/s :     Mr.Ram Sumiran Rai, APP
                     ======================================================
                     CORAM: HONOURABLE MR. JUSTICE ANSUL
                                           ORAL ORDER
    
    5   23-07-2026

    Heard learned counsel for the petitioner and learned

    Additional Public Prosecutor for the State. Notice upon opposite

    SPONSORED

    party no. 2 stands served, and there is no appearance on her

    behalf.

    2. The petitioner has invoked the inherent jurisdiction

    of this Court under Section 482 of the Code of Criminal

    Procedure, now Section 528 of the Bharatiya Nagarik Suraksha

    Sanhita, for quashing of the order dated 17.12.2018 passed by

    the learned Additional Chief Judicial Magistrate II,

    Muzaffarpur, in Complaint Case No. 2043 of 2018, whereby

    cognizance came to be taken against him under Sections 376,
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    363 and 342 read with Section 34 of the Indian Penal Code and

    summons came to be issued. A further prayer has been made for

    entrusting an enquiry to the Central Bureau of Investigation into

    what is described in the petition as manipulation of the judicial

    process.

    3. The complaint case, as instituted on 28.07.2018,

    proceeds on the following narrative. On 27.06.2018 the

    complainant, who is said to carry on a seasonal trade in fruit,

    was at Bakri Chowk near Hanuman Mandir within Police

    Station Bochaha, District Muzaffarpur, engaged in selling lichi.

    The petitioner is alleged to have approached her there and held

    out an offer of employment in a factory at Delhi on a salary of

    Rs. 30,000 to Rs. 40,000 per month. She is stated to have

    travelled with him to Delhi upon that inducement, to have been

    confined thereafter in his quarter, to have been given food and

    water after taking which she felt dizzy, and to have been

    subjected to repeated sexual assault by the petitioner and one co

    accused over a period of about twenty seven days under threat,

    until she managed to escape and return to Samastipur. It is

    further stated that two police stations declined to entertain her

    grievance, and that the complaint came to be filed thereafter.

    4. The complainant was examined on solemn
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    affirmation on 19.09.2018. Three witnesses came to be

    examined in the enquiry under Section 202 of the Code, namely

    Ranjeet Kumar, described as the husband of the complainant,

    Amarjeet Das, and Md. Ayub, stated to be an advocate’s clerk at

    the Rosera Civil Court. The order impugned followed on

    17.12.2018.

    5. Learned counsel for the petitioner submits that the

    complaint is a fabrication and that the very existence of the

    complainant is in doubt. Three limbs were pressed.

    6. The first limb turns upon identity. The complaint

    petition describes the father of the complainant’s husband as

    Bahadur Yadav. Ranjeet Kumar, who deposed in the enquiry as

    the husband, described his own father as Ram Bahadur Yadav.

    The submission is that the dropping of the prefix is not a slip of

    the pen but a device, and that once the prefix is restored the

    husband named in the present complaint and the husband named

    in Complaint Case No. 712 of 2018 at Samastipur trace to one

    and the same person.

    7. The second limb rests upon multiplicity. Two other

    complaints have been brought on the record. Complaint Case

    No. 614 of 2018 at Saharsa was filed by one Babita Devi, also

    described as Babita Kumari, alleging an incident between
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    03.05.2018 and 02.06.2018. Complaint Case No. 712 of 2018 at

    Samastipur was filed by one Gita Devi, alleging an incident

    between 01.04.2018 and 20.05.2018. The photographs of the

    complainants in the two files are said to be near identical. The

    name of the complainant in the 712 of 2018 matter and in the

    present matter is the same, Gita or Geeta Devi, though the

    husband is differently described, Baun Yadav in the one and

    Ranjeet Kumar in the other. The narrative in all three is an

    inducement of employment, a journey to Delhi, confinement

    and repeated ravishment. Only the dates and the districts vary.

    8. The third limb is motive. The petitioner had himself

    instituted Complaint Case No. 497 of 2017 at Rosera against

    one Dr. Satish Prasad Singh, alleging negligence in the

    administration of anti snake venom resulting in the death of the

    petitioner’s mother. That complaint came to be dismissed on

    08.08.2018. It is the petitioner’s case that the three complaints

    noticed above were set up at the instance of the said doctor by

    way of reprisal, through a borrowed or fictitious identity.

    9. A further submission was advanced that the

    complainant was never subjected to medical examination,

    notwithstanding an allegation of repeated forcible intercourse

    spread over nearly a month, and that no doctor figures in the list
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    of witnesses.

    10. Learned counsel placed reliance on State of

    Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335, and in

    particular on categories 5 and 7 of the illustrative categories set

    out therein. He also relied upon Batlanki Keshav Kumar

    Anurag v. State of Telangana, 2025 SCC Online SC 1258,

    Vineet Kumar v. State of U.P., (2017) 13 SCC 369, and Rajiv

    Thapar v. Madan Lal Kapoor, (2013) 3 SCC 330. On the

    availability of the jurisdiction at the post cognizance stage he

    relied upon Anand Kumar Mohatta v. State (NCT of Delhi),

    (2019) 11 SCC 706.

    11. Learned Additional Public Prosecutor opposed the

    prayer. His submission was that the order impugned came to be

    passed only after examination of the complainant on solemn

    affirmation and after a full enquiry in which three witnesses

    were examined, and that at that stage the learned Magistrate was

    required to see nothing beyond a prima facie case. Reliance was

    placed on Nagawwa v. Veeranna Shivalingappa Konjalgi,

    (1976) 3 SCC 736, and on Amit Kapoor v. Ramesh Chander,

    (2012) 9 SCC 460. It was further submitted that a discrepancy

    of a single word in the description of a witness’s father’s name is

    a matter for cross examination and not for pre trial quashing,
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    that resemblance of photographs across separate files is a

    disputed question of fact into which this Court does not enter at

    the threshold, and that the absence of medical examination is

    not by itself fatal, corroboration being a rule of prudence.

    Kaptan Singh v. State of U.P., (2021) 9 SCC 35, was pressed for

    the caution that the High Court is not to substitute its own view

    for a possible view that the trial court may take.

    12. The submissions have been considered. The

    records have been perused.

    13. What distinguishes this matter from the ordinary

    run of quashing applications founded upon a plea of false

    implication is that this Court is not called upon to accept the

    petitioner’s assertion on his own word. The circumstances relied

    upon stand recorded in the orders of this Court itself, passed in

    connected anticipatory bail proceedings, and they were recorded

    over a span of three years.

    14. By order dated 04.09.2019 passed in Cr. Misc. No.

    34820 of 2019, this Court took note of the very coincidences

    now urged and directed the opposite party to appear before the

    Registrar General with her Aadhar card. That direction was not

    complied with. By order dated 09.09.2019 it came to be

    recorded that learned counsel appearing for the opposite party
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    had lost instructions and that the Vakalatnama accordingly stood

    cancelled. Thereafter, by order dated 31.08.2022, upon a report

    that the opposite party did not reside at the address furnished in

    the complaint and had still not appeared despite notice, this

    Court granted anticipatory bail and observed that there may be a

    circumstance that no person by the name of opposite party no. 2

    exists at all.

    15. The submission of the learned Additional Public

    Prosecutor that findings recorded in a proceeding under Section

    438 of the Code are tentative in character is unexceptionable as

    a general proposition. Bail orders are not expressions of final

    opinion on the merits and are not to be treated as such. The

    proposition, however, does not carry the State very far in the

    facts of this case. The observation dated 31.08.2022 does not

    rest upon assertion by the petitioner. It rests upon two

    independent materials placed on the record by the machinery of

    this Court itself, namely the non compliance with the direction

    to appear before the Registrar General, and the service report

    showing that the address furnished in the complaint is not the

    address at which the complainant resides. A finding sourced

    from the Court’s own record does not lose its worth merely

    because the proceeding in which it came to be recorded was one
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    for pre arrest protection.

    16. The complainant has not appeared before this

    Court at any stage. Her counsel withdrew for want of

    instructions in the year 2019. She was not found at the address

    given by her in the complaint. She did not comply with a

    direction of this Court to establish her identity by production of

    the Aadhar card. Nearly seven years have gone by since the

    institution of the complaint.

    17. Coming to the three complaints, the similarity

    between them is not of the kind that can be dismissed as

    coincidence. Three complaints came to be filed within a few

    months of each other, at Saharsa, at Samastipur and at

    Muzaffarpur, by complainants who between them share a name,

    a photograph, and a narrative that varies only in its calendar.

    The complainant of the present matter and the complainant of

    Complaint Case No. 712 of 2018 bear the same name. The

    husband named in the two matters, on the material placed, traces

    to the same father once the omission of the prefix Ram is

    accounted for. It is precisely this contradiction which persuaded

    this Court in the year 2019 to direct an enquiry through the

    Registrar General, and that direction remains unanswered to this

    day.

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    18. Reference may usefully be made to Batlanki

    Keshav (Kesava) Kumar Anurag (supra). The Supreme Court

    there quashed both the first informations lodged by the

    complainant, in a prosecution for rape on a false promise of

    marriage read with the provisions of the Scheduled Castes and

    the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The

    material weighed by their Lordships included irreconcilable

    contradictions between the two reports lodged over the same

    subject matter, chats in which the complainant admitted to

    manipulative conduct, and, of significance for the present

    purpose, a disclosure in the closure report that the complainant

    had on an earlier occasion lodged a similar complaint against an

    Assistant Professor of the university where she was studying,

    levelling identical allegations of cheating and sexual

    exploitation on the pretext of a promise of marriage. It was held

    that the impugned first information was a bundle of lies full of

    fabricated and malicious unsubstantiated allegations, and that

    the facts on record established the vindictive and manipulative

    tendencies of the complainant, which aspects had a great

    bearing on the controversy. The history of similar complaints

    was thus treated as a circumstance bearing upon malafide, to be

    read with the rest of the material and not by itself. Read in that

    manner the decision assists the petitioner here, where the
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    repetition is not of one earlier complaint but of two, filed within

    months of each other in three districts on a narrative varying

    only in its calendar, and where the identity of the complainant

    herself has remained unestablished despite the efforts of this

    Court.

    19. The absence of medical examination, standing by

    itself, would not have detained this Court. The law on that

    question is settled and is correctly stated by the learned

    Additional Public Prosecutor. Corroboration by medical

    evidence is a rule of prudence and not an inflexible rule of law,

    and the testimony of the prosecutrix, if found trustworthy,

    requires no such corroboration. The circumstance is noticed here

    not as an independent ground but only as one strand to be read

    along with the rest.

    20. It is well settled that the inherent power is to be

    exercised sparingly and in the rarest of cases, and that the High

    Court at this stage does not embark upon a meticulous

    appreciation of the evidence or conduct a roving enquiry into

    disputed questions of fact. That, however, is not what is being

    done. This Court is not weighing the credibility of a

    complainant whose evidence awaits recording at the trial. This

    Court is confronted with a complainant who cannot be found,
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    whose identity was doubted by this Court in the year 2019, who

    was directed to establish it and did not, and in respect of whom

    this Court recorded in the year 2022 that she may not exist at all.

    Where the very existence of the complainant is in doubt, the

    question is not one of appreciation of evidence. It is anterior to

    the trial altogether.

    21. The material also lends some colour to the plea of

    motive. The petitioner’s own complaint against Dr. Satish Prasad

    Singh came to be dismissed on 08.08.2018. The three

    complaints against him were filed in a cluster in the same year.

    The proximity is not by itself decisive and this Court records no

    finding upon the role of any person not before it. It is one

    further circumstance, and it points in the same direction as the

    rest.

    22. Taking the circumstances cumulatively, and not

    one by one, the case falls within categories 5 and 7 of Bhajan

    Lal (supra). The allegations are so improbable that no prudent

    person can ever reach a just conclusion that there is sufficient

    ground for proceeding against the petitioner. The proceeding is

    manifestly attended with malafide and has been instituted with

    an ulterior motive for wreaking vengeance on the petitioner. To

    permit a prosecution of this description to run its course against
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    a public servant, upon a complaint whose author has evaded this

    Court for seven years, would be to allow the process of the

    Court to be continued in abuse.

    23. One clarification is necessary. The order under

    challenge in this application is confined to Complaint Case No.

    2043 of 2018. Complaint Case No. 614 of 2018 at Saharsa and

    Complaint Case No. 712 of 2018 at Samastipur are not before

    this Court. Those complaints have been noticed in this order

    only for the purpose of appreciating the circumstances urged,

    and nothing observed herein shall be read as a finding binding

    upon those proceedings, which shall be agitated independently

    if the parties concerned are so advised.

    24. The prayer for entrustment of an enquiry to the

    Central Bureau of Investigation stands on an altogether different

    footing and does not commend itself to this Court. Nothing on

    the present record independently makes out a case for entrusting

    any enquiry to an outside agency. That limb of the prayer is

    refused.

    25. In the result, the application is allowed in part.

    The order dated 17.12.2018 passed by the learned Additional

    Chief Judicial Magistrate II, Muzaffarpur, in Complaint Case

    No. 2043 of 2018, and the entire proceeding arising therefrom,
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    are hereby quashed so far as the petitioner is concerned. The

    prayer for a Central Bureau of Investigation enquiry is refused.

    26. Interlocutory application, if any, stands disposed

    of.

    (Ansul, J)
    amitkr/-

    U          T
     



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