Lala Kumar @ Manish Kumar @ Manish Kumar … vs The State Of Bihar on 2 July, 2026

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    Patna High Court – Orders

    Lala Kumar @ Manish Kumar @ Manish Kumar … vs The State Of Bihar on 2 July, 2026

    Author: Shailendra Singh

    Bench: Shailendra Singh

                           IN THE HIGH COURT OF JUDICATURE AT PATNA
                                        CRIMINAL APPEAL (SJ) No.623 of 2024
                       Arising Out of PS. Case No.-81 Year-2022 Thana- AURANGABAD COMPLAINT CASE
                                                        District- Aurangabad
                      ======================================================
                1.     Lala Kumar @ Manish Kumar @ Manish Kumar Gautam, S/O Upendra
                       Kumar @ Upendra Gautam @ Upendra Narayan Gautam, R/O Village-
                       Sawandihri, Post- Bisunpura, P.S.- Khudwan, Dist.- Aurangabad, Bihar.
                2.    Rajesh Kumar Sharma @ Rajesh Kumar S/O Ram Sumira Sharma, R/O
                      Village- Sawandihri, Post- Bisunpura, P.S.- Khudwan, Dist.- Aurangabad,
                      Bihar.
                3.    Upendra Kumar @ Upendra Gautam @ Upendra Narayan Gautam, S/O
                      Rajeshwar Gautam@Buturu Gautam R/O Village- Sawandihri, Post-
                      Bisunpura, P.S.- Khudwan, Dist.- Aurangabad, Bihar.
                4.    Birendra Kumar @ Birendra Narayan Gautam, S/O Rajeshwar Gautam @
                      Buturu Gautam R/O Village- Sawandihri, Post- Bisunpura, P.S.- Khudwan,
                      Dist.- Aurangabad, Bihar.
                5.    Jitendra Kumar @ Jitendra Sharma @ Jitendra Gautam S/O Rajeshwar
                      Gautam @ Buturu Gautam R/O Village- Sawandihri, Post- Bisunpura, P.S.-
                      Khudwan, Dist.- Aurangabad, Bihar.
                6.    Rabindra Kumar @ Rabindra Kumar Gautam @ Ravindra Kumar Gautam,
                      S/O Kamta Gautam R/O Village- Sawandihri, Post- Bisunpura, P.S.-
                      Khudwan, Dist.- Aurangabad, Bihar.
    
                                                                                  ... ... Appellant/s
                                                        Versus
                1.    The State of Bihar
                2.    Urmila Devi, W/O Dharmendra Paswan, R/O Village- Sawandihri, P.S.-
                      Khudwan, Post- Bisunpura, Dist. Aurangabad, Bihar.
    
                                                                ... ... Respondent/s
                      ======================================================
                      Appearance :
                      For the Appellant/s   :      Mr. Ravindra Kumar, Adv.
                                                   Mr. Sandeep Kr. Pandey, Adv.
                      For the State         :      Mr. Binay Krishna, APP
                      For the Resp. No. 2   :      None.
                      ======================================================
                      CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                            ORAL ORDER
    
    14   02-07-2026

    Heard learned counsel for the appellants and learned

    APP for the State.

    SPONSORED

    2. The instant appeal has been filed under Section
    Patna High Court CR. APP (SJ) No.623 of 2024(14) dt.02-07-2026
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    14A(1) of the Scheduled Castes and Scheduled Tribes

    (Prevention of Atrocities) Act (in short, ‘SC/ST Act’) against the

    order dated 08.11.2023 passed by the learned 1st Additional

    Sessions Judge-cum-Special Court SC/ST Act, Aurangabad,

    Bihar, in connection with Complaint Case No. 81 of 2022,

    whereby the learned trial court has taken cognizance of the

    offences under sections 147, 148, 323 & 341 of the Indian Penal

    Code (in short, ‘IPC‘) and sections 3(i)(r)(s)(t)3(a) of the SC/ST

    Act.

    3. Learned counsel appearing for the appellants

    submits that the case of the respondent No. 2 is based on a

    complaint and the same was filed with malicious intention on

    account of a land dispute running in between both the parties

    and the dispute was also taken into consideration by the trial

    court in the impugned order. With regard to the said land

    dispute, the complainant revealed in her complaint that the same

    belonged to her, however, she remained silent with regard to the

    nature of the land whereas her own witnesses, while recording

    their statements during the course of the inquiry, revealed that

    the land was Government land in the nature of Gairmajarua.

    Learned counsel further submits that in respect of disputed land,

    the litigation had run up to this Court for removing the

    encroachment by way of several cases including a preventive
    Patna High Court CR. APP (SJ) No.623 of 2024(14) dt.02-07-2026
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    proceeding under section 107 of the Code of Criminal

    Procedure (in short, ‘Cr.P.C.’) and CWJC bearing Case No.

    4493/2018 and after several legal recourses taken on behalf of

    the petitioners’ side, the said encroachment had been removed

    finally and the details of the disputed land find place in the

    proceeding initiated under section 107 of the Cr.P.C. and CWJC

    No. 4493/2018, in which one of the appellants, namely Upendra

    Narayan Gautam @ Upendra Sharma, was a party and therefore,

    the said land dispute constituted the genesis of the alleged

    occurrence. It is further submitted that, as per the allegations

    levelled in the complaint, the complainant alleged that the

    appellants assaulted her, her father, namely, Jhapasi Paswan, and

    her husband, namely, Dharmendra Paswan and in that assault,

    lathi and danda were used and the complainant further stated in

    her complaint that she, her father and her husband were treated

    by a private Doctor for the injuries sustained by them in that

    assault, but no any kind of medical evidence or prescription of

    the said Doctor for the said treatment was given during the

    course of inquiry. It is further submitted that regarding the

    allegation as to using criminal force to outrage the modesty of

    the complainant by pushing her to ground, which resulted in

    opening of her saree, the cognizance taking court disbelieved

    the said allegation pertaining to the offence under section 354 of
    Patna High Court CR. APP (SJ) No.623 of 2024(14) dt.02-07-2026
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    the IPC and the same was one of the major part of the

    allegations. It is further submitted that among the statements of

    the inquiry witnesses and the statement of complainant recorded

    by her in her solemn affirmation, there are serious

    contradictions. It is lastly submitted that the complainant, who is

    here respondent No. 2, had appeared through her counsel

    however, thereafter no one appeared on her behalf, and even

    today, no one is present to represent her and the same should be

    treated against her. In support of this submission, learned

    counsel has placed reliance of Hon’ble Apex Court Judgment in

    the case of Pradeep Kumar Kesarwani vs. The State of Uttar

    Pradesh & Anr. in Cr. APP No. 3831 of 2025 (@ Special

    Leave Petition (Crl.) No. 11642/2019).

    4. Learned APP appearing for the respondent No. 1

    (The State of Bihar) submits that the complainant had made

    serious allegations in her complaint and all the appellants

    assaulted her, her father and her husband and dispossessed her

    from her house and admittedly, at the relevant time there was a

    land dispute in between both the parties, which can be deemed

    to be the motive on the part of the appellants to commit the

    alleged occurrence and there are sufficient prima facie materials

    to attract the alleged offences of which cognizance has been

    taken.

    Patna High Court CR. APP (SJ) No.623 of 2024(14) dt.02-07-2026
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    5. Nobody appears on behalf of the respondent No. 2.

    6. Considering the aforesaid submissions and

    particularly the long land dispute with regard to the land in

    question which had run between the parties up to this Court and

    further, the complainant failed to give any kind of medical

    evidence to support her allegation of assault despite claiming

    that she, her father and her husband had received treatment from

    a doctor and also taking note of a serious contradiction with

    regard to an attempt to lodge the FIR as claimed by the

    complainant in her complaint as she stated that she herself went

    to the police station which was not entertained but during the

    course of inquiry, she stated that her husband went to the police

    station and at this stage, such serious contradiction can not be

    ignored particular in the light of other surrounding

    circumstances. Accordingly, in these circumstances, this Court

    is of the view that the complainant lodged her case with

    malicious intention on account of a long land dispute and the

    main part of her allegation pertaining to the alleged offence

    under section 354 of the IPC was disbelieved by the trial court

    itself, which also casts a serious doubt on the credibility of the

    remaining allegations as well, so, putting the appellants to trial

    for the alleged offences for which the cognizance has been

    taken, would amount to an abuse of the process of the Court and
    Patna High Court CR. APP (SJ) No.623 of 2024(14) dt.02-07-2026
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    while taking cognizance the learned trial court did not apply its

    judicial mind and passed the order in a mechanical manner, so,

    it is unsustainable, hence, the order impugned is hereby set aside

    and the appeal is allowed.

    (Shailendra Singh, J)
    annu/-

    U        T
     



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