The Patna High Court has refused to quash criminal proceedings against Kamal Kishore @ Chuha in a case involving allegations of gang rape, holding that a two-month delay in lodging the FIR was not, by itself, sufficient to disbelieve the prosecution case.
Justice Chandra Shekhar Jha delivered the judgment on October 1, 2026, while hearing Criminal Miscellaneous No. 27023 of 2019.
Background
The proceedings arose from Naubatpur P.S. Case No. 240 of 2018. The prosecution alleged that the informant was raped by four to five persons while she was travelling towards her maternal uncle’s house at Narayanpur, Musahri.
The accused sought quashing of the November 27, 2018 cognizance order, under which the Special Judge, SC/ST, Patna had taken cognizance under Section 376(D) of the IPC, Section 3(2)(va) of the SC/ST Act and Section 67 of the Information Technology Act.
The petitioner argued that the FIR did not mention the date and time of the alleged occurrence and was lodged after about two months. He also questioned how the accused were identified.
The High Court rejected these grounds. It noted that the informant was already acquainted with Ramayan Manjhi before the incident and found that his subsequent marriage with her did not affect the prosecution case.
The Court specifically observed:
"Two months delay in gang-rape case is not such extraordinary delay on the basis of which entire occurrence can be disbelieved."
The Court further examined the challenge to the cognizance order in light of the principles laid down by the Supreme Court in State of Haryana and Others v. Bhajan Lal and Others.
Justice Chandra Shekhar Jha held that the cognizance order could not be considered questionable on the grounds raised by the petitioner. Finding no merit in the quashing petition, the High Court dismissed the application and directed that the trial court records, if any, be returned to the concerned court along with a copy of the judgment.
Case Details
Case Title: Kamal Kishore @ Chuha v. The State of Bihar & Anr.
Case Number: Criminal Miscellaneous No. 27023 of 2019
Judge: Justice Chandra Shekhar Jha
Decision Date: October 1, 2026
