(Arun Mishra and Indira Banerjee, JJ.)
Gyandeo Prasad Singh _____________________________ Appellant;
v.
State of Bihar and Another ______________________ Respondent(s).
Criminal Appeal No(s). 4-5/2020 (Arising from SLP (Crl) Nos. 929-930/2016), decided on January 6, 2020
The Order of the court was delivered by
Order
1. Heard learned counsel for the parties.
2. Leave granted.
3. The charge-sheet has been filed before the Trial Court. The Trial Court has taken cognizance under Section 304-B of the Indian Penal Code. The death has taken place within three years. A reading of the FIR and statement of the father and the family members of the girl implicates the husband and another accused. It was not the stage to disbelieve their version by the High Court, as has been done in the impugned order, and to give a clean chit to accused persons while allowing the discharge application, which was rightly rejected by the Chief Judicial Magistrate.
4. Thus, in the facts and circumstances, we set aside the impugned order passed by the High Court and restore that of the Chief Judicial Magistrate. The appeals are, accordingly, allowed.
5. We make it clear that we have not commented on the merits of the case.
6. Pending application(s), if any, shall stands disposed of.
Petition(s) for Special Leave to Appeal (Crl.) No(s). 929-930/2016
Gyandeo Prasad Singh _______________________________ Petitioner
v.
State of Bihar and Anr. Etc _________________________ Respondent(s)
(IA No. 1956/2016 – EXEMPTION FROM FILING O.T.)
Date: 06-01-2020 These matters were called on for hearing today.
(Before Arun Mishra and Indira Banerjee, JJ.)
For Petitioner(s) Mr. Neeraj Shekhar, AOR
Mr. Sumit Kumar, Adv.
Mr. Ashutosh Thakur, Adv. Mr. Animesh Kumar, Adv.
For Respondent(s) Mr. Devashish Bharuka, AOR
Mr. Ravi Bharuka, Adv. Ms. Sarvshree, Adv.
Mr. Justine George, Adv.
Mr. Shishir Pinaki, AOR
Mr. C.B. Singh, Adv.
Mr. Rajiv Kumar Sinha, Adv.
UPON hearing the counsel the Court made the following
ORDER
7. The appeals are allowed in terms of the signed order.
———
