Allowed¶20

Nathuni yadav v. The State of Bihar

Patna HC8 Jul 2025CR. APP (SJ)/5302/2024

Case brief

AI extract

What is this about?

Patna High Court; Criminal Appeal (SJ) No.5302 of 2024; Nawneet Kumar Pandey, J.; quashing of cognizance order; Complaint Case No. 106 of 2023, Madhubani; Sections 341, 323, 354(B), 379 IPC; 3(1)(r)(s)/3(2)(va) SC/ST (POA) Act; inconsistency between complaint petition and complainant's statement; Nathuni Yadav; Laxmi Yadav; Danwati Devi; allegation unbelievable; appeal allowed.

What did the court decide?

Quashing of the cognizance order dated 31.07.2024 passed by the learned Additional Sessions Judge 1st cum Special Judge, Madhubani in Complaint Case No. 106 of 2023; appeal allowed. ¶20

Nathuni yadav Vs The State of Bihar — Patna HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.5302 of 2024

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Arising Out of PS. Case No.-106 Year-2023 Thana- MADHUBANI COMPLAINT CASE District- Madhubani

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======================================================

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Nathuni yadav S/o Narayan yadav @ Nayan Yadav R/o vill - Khap, P.S. - Lokaha, Distt.- Madhubani

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... ... Appellant/s

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Versus

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The State of Bihar Bihar

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Danwati Devi D/o Bangali Ram, W/o Kushum Lal Ram R/o vill - Arnama, P.s. - Lokaha, Distt.- Madhubani

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... ... Respondent/s

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====================================================== Appearance : For the Appellant/s : Mr.Ajay Kumar, Adv. For the Respondent/s : Mr.Binay Krishna, Spl.PP For O.P. No. 2 : Mr. Shailendra Kr. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

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ORAL ORDER

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8 08-07-2025

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Heard the learned counsel for the appellant as well as

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the learned counsel for the respondents.

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This appeal has been preferred against the cognizance order dated 31.7.2024, passed by Learned Addl. Session Judge 1st cum Special Judge, Madhubani, in connection with Complaint Case No-106/2023, District- Madhubani, whereby cognizance has been taken under Sections 341, 323, 354 (B), 379 of the IPC & 3 (1) (r)(s)/3 (2) (va) of the SC/ST (POA) Act.

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While assailing the order taking cognizance against the appellant, the learned counsel for the appellant has

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Patna High Court CR. APP (SJ) No.5302 of 2024(8) dt.08-07-2025 2/2

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submitted that the allegation is false and frivolous on the face of record itself. The complainant, in her complaint petition, made allegation that Nathuni Yadav (the petitioner) entered into a neighbouring house of the complainant and misbehaved with the female members of that house. While in her statement, she has stated that Laxmi Yadav entered her house and outraged her modesty.

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The allegation is unbelievable.

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Considering the above-mentioned facts and circumstances, the cognizance order dated 31.07.2024 passed by the learned Additional Sessions Judge 1^st cum Special Judge, Madhubani in Complaint Case No. 106 of 2023 is hereby quashed and the appeal is allowed.

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(Nawneet Kumar Pandey, J)

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kundan/-

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U T

Nathuni yadav v. The State of Bihar

Case brief

What is this about?

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Nathuni yadav v. The State of Bihar

Case brief

What is this about?

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