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Patna High Court

Md. MaksudversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

An appeal for enhancement of sentence at the instance of a complainant’s defect is not maintainable under the proviso to Section 372 of the CrPC.

Summary

The appellant, Md. Maksud, filed a criminal appeal (DB) No.1252 of 2025 challenging the sentence imposed in Sessions Trial No.184 of 2024 arising from Chakai P.S. Case No.9 of 2023. The appeal sought enhancement of the sentence on the ground of a defect attributed to the complainant. The Court examined the proviso to Section 372 of the Code of Criminal Procedure, 1973, which bars any appeal for enhancement of sentence when the defect is due to the complainant. The Court held that the proviso makes such an appeal non‑maintainable. Consequently, the appeal was dismissed. The order was pronounced by a bench of Hon’ble Justices Bibek Chaudhuri and Dr. Anshuman.

Issues considered

  • Whether an appeal for enhancement of sentence is maintainable when the defect is attributable to the complainant under the proviso to Section 372 CrPC?

Legislation cited

Subjects

  • Criminal Appeal
  • Sentence Enhancement
  • Section 372 CrPC
  • Maintainability
  • High Court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.1252 of 2025
                        Arising Out of PS. Case No.-9 Year-2023 Thana- CHAKAI District- Jamui
                 ======================================================
                 Md. Maksud Son of Md Majhar Village- Bajrahi, P.S.- Sono, Dist. -Jamui

                                                                                  ... ... Appellant/s

                                                       Versus

           1.    The State of Bihar
           2.    Md. Mumtaz Son of Ajamul Mian Resident of village - Nawadih, Ps-
                 chakan, Dist- Jamui
           3.    Hasina Khattoon Wife of Md. Mumtaz Resident of village - Nawadih, Ps-
                 chakan, Dist- Jamui
           4.    Rukhsar Khattoon @ Ruksana Khatoon Wife of Md. Aman Resident of
                 village - Ishlam Nagar, Ps and Dist- Jamui

                                                                                ... ... Respondent/s

                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Pankaj Kumar Sinha, Advocate
                 For the Respondent/s   :        Mr. Bal Mukund Prasad Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
                         and
                         HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI)

3   16-01-2026                 The learned Advocates on behalf of the parties are

                   present.

                               2. In view of the proviso under Section 372 of the

                   Code of Criminal Procedure, 1973 (Act No. 2 of 1974), no

                   appeal shall lie for enhancement of sentence at the instance of

                   the defect of the complainant. Therefore, the instant appeal is

                   not maintainable.
             Patna High Court CR. APP (DB) No.1252 of 2025(3) dt.16-01-2026
                                                         2/2




                                    3. Accordingly, the present Cr. Appeal (DB) No. 1252

                       of 2025 is hereby dismissed, in connection with Sessions Trial

                       No. 184 of 2024 arising out of Chakai P.S. Case No. 9 of 2023.



                                                               (Bibek Chaudhuri, J)


                                                                (Dr. Anshuman, J)
Divyansh/-

U      T


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