Patna High Court
Laltu Kumar @ Chintu YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The appeal is dismissed as the FIR indicates a gang‑rape and there is no merit to interfere with the lower court's order.
Summary
Laltu Kumar was charged with gang rape under Sections 70(1) and 3(5) of the Bihar Narcotic Substances Act and Section 3(2) of the SC/ST (Prevention of Atrocities) Act. He appealed the order of the Additional Sessions Judge dated 17‑12‑2025, arguing that procedural defects in the charge sheet had been remedied, but the prosecution claimed some defects remained. The appellant claimed innocence, asserting the act was consensual. The High Court examined the FIR, found it indicated a gang‑rape, and concluded there was no basis to interfere with the lower court’s order. Consequently, the appeal was dismissed and the trial was directed to be expedited.
Issues considered
- Whether the procedural defects alleged in the charge sheet warrant setting aside the lower court's order.
- Whether the alleged consensual nature of the act negates the charge of gang rape under the BNS Act and SC/ST Act.
Legislation cited
- Bihar Narcotic Substances Act — s. 3(5), 70(1)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(2)
Subjects
- gang rape
- SC/ST Act
- criminal appeal
- procedural defect
- consensual sex claim
- trial expedite
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.798 of 2026
Arising Out of PS. Case No.-197 Year-2025 Thana- PRATAPGANJ District- Supaul
======================================================
Laltu Kumar @ Chintu Yadav Son of Badri yadav Resident of Village-
Bhawanipur, Ward no. 13, Ps- pratapganj, Dist- Supaul
... ... Appellant/s
Versus
1. The State of Bihar bihar
2. Shanti Kumari Daughter of Ramu Resident of Village- Ratanpur, Ps-
Ratanpur, Dist- Supaul
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Pramod Mishra
For the Respondent/s : Mr.Sadanand Paswan
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 11-05-2026 Heard the parties.
2. Learned counsel for the appellant submits that the
defect(s) have been removed but the office has reported that
some of the defect(s) are still existing.
3. Considering the nature of defect(s), the same are
ignored.
4. This appeal is preferred against the order dated
17.12.2025 passed by the learned Additional Sessions Judge-I-
cum-Special Judge, SC/ST (POA) Act, Supaul in RB (SC/ST)
No. 72 of 2025 / SC/ST Case No. 122 of 2025 arising out of
Pratapganj P.S. Case No. 197 of 2025 registered for the offence
under Sections 70(1), 3(5) of the BNS and under Sections 3(2)
Patna High Court CR. APP (SJ) No.798 of 2026(3) dt.11-05-2026
2/2
(va) of the SC/ST Act.
5. As per the prosecution case, the appellant is
accused of committing gang rape with the victim.
6. The appellant is in custody since 21.09.2025.
7. Learned counsel for the appellant has submitted
that the appellant is innocent and has falsely been implicated in
this case. He next submits that this is a case of consensual sex
between the alleged victim and the accused persons.
8. From the perusal of the FIR, it appears to be a case
of gang rape and considering the same, this Court is not inclined
to interfere with the impugned order.
9. In view of the above, this appeal stands dismissed.
10. The Court below is directed to expedite the trial of
the appellant.
(Sandeep Kumar, J)
Vikas/-
U
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