Sanjay Kr. Singh @ Sanjay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3043 of 2017 Arising Out of PS.Case No. -39 Year- 2017 Thana -DESARI District- VAISHALI(HAJIPUR) ======================================================

1. Sanjay Kr. Singh @ Sanjay Singh Son of Lal Babu Singh, Resident of Village-Lodipur Chakawana, P.S. Town Hajipur, District-Vaishali. .... .... Appellant/s

Versus

1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Mukesh Kumar Singh For the Respondent/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 11-01-2018 This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for regular bail by the learned 1st Additional Sessions Judge-cum-Special Judge, SC/ST, Vaishali at Hajipur in Desari (Sahdei O.P.) P.S. Case No. 39 of 2017 registered under Sections 120B/376(2)(G), 302 of the Indian Penal Code, Section 4, 8 of the Protection of Children from Sexual Offenses Act, 2012 as well as Section 3(1)(w)3(2)(v)3(2)(ra) of the SC/ST Act. According to FIR, initially, rape was committed against minor daughter of the informant and soon thereafter she was throttled to death. When the informant saw dead body in the field side with the help of others, two persons were apprehended when they were fleeing from there and the appellant managed his

Patna High Court CR. APP (SJ) No.3043 of 2017 (3) dt.11-01-2018 2/3 escape. The arrested person disclosed the name of this appellant. It is surprising that a female was also arrested, who was mother-inlaw of co-accused Mahendra Singh and mother of this appellant with allegation that she was involved in the occurrence. The appellant was arrested from his house on the very next day of the occurrence and on medical examination nothing was found to substantiate that the appellant had committed the rape. Similarly, no such sign was found on the person of co-accused Mahendra Singh.

Submission of the learned counsel for the appellant is that besides suspicion due to old enmity, there is no other material in the case diary. Moreover, it is not believable that mother of the appellant and mother-in-law of another co-accused Mahendra Singh would be there to get the offence of rape committed by the appellant against the minor girl. Considering the aforesaid facts, let the appellant, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with the aforesaid case, subject to the condition that the appellant shall fully cooperate with the investigation and trial of the case, failing which the court below

Patna High Court CR. APP (SJ) No.3043 of 2017 (3) dt.11-01-2018 3/3 shall be at liberty to cancel the bail bond of the appellant. Accordingly, this appeal stands allowed.

(Birendra Kumar, J) Kundan/- U T