Patna High Court Weekly Round-Up: September 25 To October 01, 2023

Prushotam Yadav @ Chotu Vs. The State Of Bihar And Anr 2023 LiveLaw (Pat) 114

Kumod Mandal Vs. The State Of Bihar LL Citation: 2023 Livelaw (Pat) 115

Rambilash Mahto and Others vs. The State of Bihar 2023 Livelaw (Pat) 116

Manoj Kumar Gupta vs. The Union of India 2023 LiveLaw (Pat) 117

Rohitash Kumar Vs The State of Bihar 2023 LiveLaw (Pat) 118

Judgements/Orders This Week

Order Of Sessions Judge To Transfer Case Not Appealable U/S 407 CrPC: Patna High Court

Case Title: Prushotam Yadav @ Chotu Vs. The State Of Bihar And Anr LL Citation: 2023 LiveLaw (Pat) 114

The Patna High Court while providing clarification regarding the appealability of an order issued by Sessions Judges under Section 408 CrPC for the transfer of a case, has affirmed that such orders are not appealable under Section 407 CrPC.

Section 408 empowers Sessions Judge to transfer cases and appeals from one Criminal Court to another Criminal Court in his sessions division. Section 407 pertains to power of High Court to transfer cases and appeals. Sub-section (2) thereof provides that no application shall lie to the High Court for transferring a case from one Criminal Court to another Criminal Court in the same sessions division, unless an application for such transfer has been made to the Sessions Judge and rejected by him.

S.34(2) POCSO Act Mandatory, Trial Court Bound To Determine Victim's Age When Issue Raised By Accused: Patna High Court

Case Title: Kumod Mandal Vs. The State Of Bihar

LL Citation: 2023 Livelaw (Pat) 115

The Patna High Court has overturned conviction in a case involving sexual offenses against a minor due to the failure of the trial court to determine the victim's age, after an issue in that regard was raised by the accused.

The Court emphasized that it is the trial court's duty to ascertain the age of the victim, especially when it is challenged during the proceedings under Section 34(2) of the Protection of Children from Sexual Offences (POCSO) Act.

42 Yrs After Alleged Incident, Patna High Court Sets Aside Rioting, Murder Convictions Citing "Perfunctory" Examination Of Accused U/S 313 CrPC

Case Title: Rambilash Mahto and Others vs. The State of Bihar

LL Citation: 2023 Livelaw (Pat) 116

The Patna High Court has set aside a 27 year old rioting and murder convictions qua six persons, while underscoring the significance of conducting a thorough and impartial inquiry of the accused as per Section 313 of the Cr.P.C. The Court further observed that the omission to examine the Investigating Officer potentially harmed the defense's interests in this case.

A Division Bench of Justices Sudhir Singh and Chandra Prakash Singh held, “It is trite law that the examination of accused under this section should not be held in a perfunctory manner. The accused must be afforded reasonable opportunity to explain the circumstances appearing against him. Therefore, while examining the accused, trial Court should be mindful of the object underlying this provision.”

Courts Can't Interfere With Administrative Orders Unless 'Shocking': Patna High Court Refuses To Reverse CISF Personnel's Transfer

Case Title: Manoj Kumar Gupta vs. The Union of India

LL Citation: 2023 LiveLaw (Pat) 117

Upholding the right of a disciplined security force to transfer its personnel in the interest of better administration, the Patna High Court emphasized that transfers are inherent to the job and can only be challenged if they are punitive, malafide, or if the ordering authority does not possess the power to transfer, or if the post is non-transferable.

The court expressed its reluctance to evaluate administrative orders, particularly when the presented circumstances are not exceptionally compelling to disturb a reasonable person, prompting them to challenge the administrative efficiency cited.

Insufficient Evidence To Prove False Promise, Marriage Talks Held Between Families: Patna HC While Granting Bail To BSF Jawan Accused Of Rape

Case Title: Rohitash Kumar Vs The State of Bihar

LL Citation: 2023 LiveLaw (Pat) 118

In a recent ruling, the Patna High Court granted anticipatory bail to a Border Security Force (BSF) Jawan accused of cheating and raping a woman under the false pretext of marriage. The accused, known to the informant for six years, was alleged to have engaged in a consensual physical relationship. The Court found no evidence suggesting the promise of marriage was false from the beginning.

The ruling came in an application filed under Section 438 of the Code of Criminal Procedure, 1973, for anticipatory bail in connection with a 2022 case registered for offenses punishable under Sections 493 and 506 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. Subsequently, after further investigation, the case was converted into Sections 420/376 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.