Bir Bahadur Singh @ Shiv Shankar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1579 of 2020 Arising Out of PS. Case No.-83 Year-2020 Thana- KHODAWANDPUR District- Begusarai ====================================================== BIR BAHADUR SINGH @ SHIV SHANKAR SINGH S/O Ram sagar Singh @ Sagar Singh R/O- Vill.- Malpur, Ward No. -7, P.S. - Khodawandpur (Chhaurahi O.P.), Dist. - Begusarai.

... ... Appellant/s

Versus

THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Shubhesh Pandey For the Respondent/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-10-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Learned counsel for the appellant is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. Heard the parties.

The matter relates to grant of anticipatory bail to the appellant in connection with Khodabandpur (Chhaurahi O.P.) P.S. Case No. 83 of 2020 registered for the offences under Sections 342, 376 & 302 of the Indian Penal Code and Sections 3(i)(r)(s)/w of the SC/ST (POA) Act.

Patna High Court CR. APP (SJ) No.1579 of 2020(2) dt.01-10-2020 2/3 Allegedly, the dead body of Gotani of the informant was found in the field of one Vishwa Bahadur Singh. The informant suspected that her Gotani was raped and thereafter, she was murdered by electric current.

It has been submitted on behalf of the appellant that the appellant has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the appellant. The appellant has falsely been implicated in the present case. As per medical report of the victim, the death was caused due to sudden cardiac asystole, as a result of high voltage electric current. No evidence of any sexual assault was found on the victim. The said medical report is Annexure-2 to the present appeal. The alleged occurrence has not taken place at a public place. Hence, no offence under the SC/ST Act is attracted in the present case. On behalf of the State, it is submitted that the appellant is named in the Complaint Case/F.I.R.

In view of the aforesaid facts and circumstances, the order dated 14-08-2020 passed by learned Special Judge, SC/ST (POA) Act, Begusarai in Khodabandpur (Chhaurahi O.P.) P.S. Case No. 83 of 2020 is set aside. The present Criminal Appeal is allowed.

Accordingly, let the appellant, above named, in the event

Patna High Court CR. APP (SJ) No.1579 of 2020(2) dt.01-10-2020 3/3 of arrest or surrender before the learned court below within a period of eight weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, SC/ST (POA) Act, Begusarai in connection with Khodabandpur (Chhaurahi O.P.) P.S. Case No. 83 of 2020.

(Sudhir Singh, J) A.K.V.//- U T