IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) No.630 of 2025 In CRIMINAL APPEAL (SJ) No.3845 of 2023 Arising Out of PS. Case No.-215 Year-2017 Thana- PARBATTA District- Khagaria ======================================================

Usha Kumari D/O Nityanand Singh R/O Village- Shiromani Tola, P.S-

Pabatta, Distt.- Khagaria.

... ... Appellant Versus

1. The State of Bihar.

2. Boudhu Singh S/O Narayan Singh R/O Village- Nayagaon Shromani Tola, P.S- Parbatta, Distt.- Khagaria.

3. Narayan Singh S/O Late Bachchi Singh R/O Village- Nayagaon Shromani Tola, P.S- Parbatta, Distt.- Khagaria.

4. Kanhaiya Singh S/O Narayan Singh R/O Village- Nayagaon Shromani Tola, P.S- Parbatta, Distt.- Khagaria.

... ... Respondents ======================================================

Appearance :

For the Appellant : Mr. Chandan Kumar Kashyap, Advocate For the Respondent-State: Mrs. Anita Kumari Singh, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD and HONOURABLE MR. JUSTICE PRAVEEN KUMAR

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

Date : 16-02-2026 Re. I.A. No. 01 of 2025: -

This application under Section 5 of the Limitation Act has been filed for condonation of delay of 36 days occurred in preferring this appeal.

2. Learned counsel for the appellant submits that when the appellant saw the respondents No. 2 to 4 moving free in the village, on enquiry she came to know that they have been acquitted. Thereafter she went to the learned court below and after enquiry she filed chirkut through her local counsel on 07.07.2013 and could procure the certified copy of the judgment 14.07.2023. Therefore, the delay has occurred in preferring this appeal, which were incidental and not because of any lapse on the part of the appellant.

3. Considering the averments made in this application and the submissions of learned counsel for the appellant, the delay of 36 days occurred in filing the appeal is condoned.

4. This application is allowed.

Cr. Appeal (D.B.) No. 630 of 2025: -

5. With the consent of the parties, this appeal is taken up for final hearing though it was listed under the heading ‘For Orders (On Petition)’.

6. Heard learned counsel for the appellant and learned Additional Public Prosecutor for the State and also perused the trial court records.

7. The present appeal has been preferred by the appellant under proviso to Section 413 of Bhartiya Nagrik Suraksha Sanhita, 2023, seeking setting aside the judgment of acquittal dated 05.04.2023 (hereinafter referred to as the ‘impugned judgment’) passed by learned Additional Sessions Judge Vth court, Khagaria (hereinafter referred to as the ‘learned trial court’), in Sessions Trial No. 200 of 2019, arising out of Parbatta P.S. Case No. 215 of 2017. By the impugned judgment under appeal, the learned trial court has been pleased to acquit the accused persons-the respondents no. 2 to 4, holding them not guilty of the charges punishable under Sections 323, 341, 307, 448, 504, 590/34 of the Indian Penal Code (in short ‘IPC’).

8. On perusal of the trial court records, it appears that the prosecution case is based on a written report of the informant Usha Kumari, who alleged that on 20.06.2017 at about 04:00 PM, the accused persons, who are her neighbours, abused her and when she restrained them, they assaulted her with butt of firearm due to which she sustained head injury. Thereafter, when her brother Dhiraj Kumar came to her rescue, then the accused persons also assaulted him with the butt of the firearm.

9. Based on the said written report, Parbatta P.S. Case No. 215 of 2017 dated 20.06.2017 was registered against the accused persons.

10. Upon completion of the investigation, charge-sheet was filed on 31.12.2017 against the accused persons for the offences under Sections 341, 323, 504, 448, 307, 509/34 IPC.

11. On the basis of the police report, cognizance was taken vide order dated 04.07.2019 under Sections 341, 323, 504, 448, 307, 509/