Patna High Court – Orders
Shivam Singh vs The State Of Bihar on 11 July, 2025
Author: Rajeev Ranjan Prasad
Bench: Rajeev Ranjan Prasad, Ashok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1299 of 2024
Arising Out of PS. Case No.-50 Year-2022 Thana- MAHILA PS District- Buxar
======================================================
Shivam Singh S/o Late Bharat Singh R/o Village- Chaugain, P.S.- Murar,
District- Buxar, Bihar
... ... Appellant
Versus
1. The State of Bihar
2. Bablu Singh C/o Late Suresh Singh village- Chaugain, Ps- Murar, Dist-
Buxar
... ... Respondents
======================================================
with
CRIMINAL APPEAL (DB) No. 1236 of 2024
Arising Out of PS. Case No.-50 Year-2022 Thana- MAHILA PS District- Buxar
======================================================
Vicky Singh @ Vicky Pratap Singh @ Vicky Pratap Son of Upendra Singh
R/O Village- Chaugain, P.S.- Murar, District-Buxar, Bihar
... ... Appellant
Versus
1. The State of Bihar
2. Bablu Singh C/o Late Suresh Singh R/O Village- Chaugain, P.S.- Murar,
District-Buxar, Bihar
... ... Respondents
======================================================
with
CRIMINAL APPEAL (DB) No. 1308 of 2024
Arising Out of PS. Case No.-50 Year-2022 Thana- MAHILA PS District- Buxar
======================================================
Shalu Qureshi S/o Gayasudin Kuraishi R/O Village - Chik Toli, Ward no -
13 ,Dumraon, P.S- Dumraon, District- Buxar.
... ... Appellant
Versus
1. The State of Bihar
2. Victim X C/o Bablu Singh R/O - Vill- Chaugai, P.S- Murar, District- Buxar.
... ... Respondents
======================================================
with
CRIMINAL APPEAL (DB) No. 1 of 2025
Arising Out of PS. Case No.-50 Year-2022 Thana- MAHILA PS District- Buxar
======================================================
Neha Devi @ Annu Devi W/O Ranglal Yadav @ Nand Lal Yadav R/O Vill -
Dangauli, P.S. - Murar, Distt.- Buxar
... ... Appellant
Versus
1. The State of Bihar through the victim XYZ, C/o Bablu Singh R/o vill -
Patna High Court CR. APP (DB) No.1299 of 2024(6) dt.11-07-2025
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Chaugain, P.S.- Murar, Distt.- Buxar
2. Bablu Singh C/o Late Suresh Singh R/o vill - Chaugain, P.S.- Murar, Distt.-
Buxar
... ... Respondents
======================================================
Appearance :
(In CRIMINAL APPEAL (DB) No. 1299 of 2024)
For the Appellant/s : Mr. Surendra Kumar Singh, Advocate
Ms. Tulika Singh, Advocate
Ms. Sudha Chandra, Advocate
For the State : Mrs. Km. Shashi Bala Verma, APP
(In CRIMINAL APPEAL (DB) No. 1236 of 2024)
For the Appellant/s : Mr. Surendra Kumar Singh, Advocate
Ms. Tulika Singh, Advocate
Ms. Sudha Chandra, Advocate
For the Respondent/s : Mrs. Km. Shashi Bala Verma, APP
(In CRIMINAL APPEAL (DB) No. 1308 of 2024)
For the Appellant/s : Mr. Krishna Pd. Singh, Sr. Advocate
Mrs. Meena Singh, Advocate
For the Respondent/s : Mr. Ajay Mishra, APP
(In CRIMINAL APPEAL (DB) No. 1 of 2025)
For the Appellant/s : Mr. Abhishek Kumar, Advocate
Mr. Sanjay Kr. Verma, Advocate
For the Respondent/s : Mr. Satya Narayan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
and
HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)
6 11-07-2025
Heard learned counsel for the appellants and learned
Additional Public Prosecutors for the State.
2. This court had also issued notice to the
informant/respondent no. 2 which was received by him but he
has chosen not to enter appearance in this case.
3. Records have been placed before this Court to
consider the prayer of the appellants for suspension of their
sentence and release on bail during pendency of the appeal.
4. The appellant (Shivam Singh) in Cr. App.(DB) No.
Patna High Court CR. APP (DB) No.1299 of 2024(6) dt.11-07-2025
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1299 of 2024, appellant (Vicky Singh) in Cr. App. (DB) No.
1236 of 2024 have been convicted for the offences punishable
under section 376DB/34 of the Indian Penal Code (in short
‘IPC‘) and Section 6 of the Protection of Children from Sexual
Offences Act (in short ‘POCSO’) Act, the appellant (Shalu
Qureshi) in Cr. App.(DB) No. 1308 of 2024 has been convicted
for the offence punishable under Section 376 IPC and Section 6
of the POCSO Act and the appellant (Neha Devi) in Cr. App.
(DB) No. 1 of 2025 has been convicted for the offence
punishable under Section 376 IPC read with Section 17 of the
POCSO Act vide judgment dated 11.09.2024 and order of
sentence dated 13.09.2024 passed by learned 6th Additional
District and Sessions Judge cum Special Judge, POCSO Act,
Buxar in POCSO Case No. 84 of 2022 arising out of Buxar
Mahila P.S. Case No. 50 of 2022. The appellant (Shivam Singh)
and the appellant (Vicky Singh) have been ordered to undergo
rigorous imprisonment for life under Section 376DB/34 IPC
along with fine of Rs. 30,000/- each and in default of payment of
fine, they shall further undergo simple imprisonment for six
months. Further, they have been ordered to undergo rigorous
imprisonment for twenty years under Section 6 of the POCSO
Act along with a fine of Rs. 25,000/- each and in default of
payment of fine, they shall further undergo simple imprisonment
Patna High Court CR. APP (DB) No.1299 of 2024(6) dt.11-07-2025
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for five months. Further, appellant (Shalu Qureshi) has been
sentenced to undergo rigorous imprisonment for twenty years
under Section 376 IPC along with a fine of Rs. 25,000/- and in
default of payment of fine, he shall further undergo simple
imprisonment for five months. He has further been ordered to
undergo rigorous imprisonment for twenty years under Section 6
of the POCSO Act along with a fine of Rs. 25,000/- and in
default of payment of fine, he shall further undergo simple
imprisonment for five months. Appellant (Neha Devi) has been
ordered to undergo rigorous imprisonment for twenty years under
Section 17 of the POCSO Act read with Section 376 IPC along
with a fine of Rs. 25,000/- each and in default of payment of fine,
she shall further undergo simple imprisonment for five months.
All the sentences are to run concurrently.
5. The prosecution story is based on a written typed
information (Ext-P/2/PW-03) submitted by the father of the
victim girl who has deposed as PW-3 in course of trial.
According to the informant, his daughter (X) aged about 14 years
had quarrel with her mother on 16.08.2022 at 9 AM, she left her
house. It is then stated that when he and his mother-in-law
Lilawati Devi went in search of his daughter and reached
Dumraon Railway Station, they saw that his daughter was
weeping. He inquired from her then she told that on 16.08.2022
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after quarrel with her mother, she had left the house and she
called her friend Shivam Singh with whom she was in love and
had been in physical relationship. He told her that he was in
Patna, so, she should meet his friends Vicky Singh and Sachin
Singh both are of the villagers of the victim.
It is alleged that on 16.08.2022 at about 10 AM, she went to
the old house of Sachin Singh where Shivam established
physical relationship with her. There Vicky and Sachin both
were present and they had also established physical relationship
one after another. Thereafter, she was going to her maternal
mother’s place in village Rewatia, she gave a telephonic call to
her nani but her nani told her not to come because a quarrel was
going on in the house. Since, she didn’t want to go back to her
house, therefore, she reached Dumraon Railway Station and
slept near Dumraon Tikki Chaat Shop. It is further stated that in
the morning, she met one boy whom she told that she had fled
away from her house and she wanted to go back to her home, on
this, the said boy took her to his house, in course of talking with
him, she came to know his name as Shalu Qureshi. On the next
day, Shalu Qureshi went behind bars on the allegation of
consuming liquor and she became alone, he came back on
19.08.2022 and was taking her by train with bad intention but
on seeing the informant, he had fled away from the train leaving
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her. The informant came to Mahila Thana, Buxar and lodged the
FIR.
6. Learned counsel for the appellants have submitted
that the victim had left her house after quarrel on 16.08.2022 at
9 AM but neither her father (PW-3) or any other family member
informed the police station. No missing information was given.
PW-3 has stated in his deposition that the victim had left her
house with mobile, he has given the mobile number but he says
that in the evening when he gave a call on the mobile phone
then one boy answered from the other side who informed him
that he has purchased the mobile for a consideration of rupees
four hundred. Despite this, PW-3 has not lodged any FIR. He
admits to have gone to the police station on 19.08.2022 but he
had not given any written information in the police station.
7. Learned counsels further point out that in the
written information furnished to the Mahila Thana, Buxar PW-3
has stated that he along with his mother-in-law had gone to the
Dumraon Railway Station where he had found the victim but in
course of trial, he has stated in paragraph ’28’ of his deposition
that at the time of recovery of the victim, he was in his house.
8. Learned counsels point out that according to the
victim girl, when she made a telephonic call to her friend
Patna High Court CR. APP (DB) No.1299 of 2024(6) dt.11-07-2025
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Shivam Singh, he told her that he was in Patna. The I.O. (PW-6)
has stated that in paragraph ’52’ that the victim had told her in
course of investigation that on the date of occurrence i.e.,
16.08.2022 Shivam was in Patna, she has not told her that on the
date of occurrence, Shivam was in his village. It is thus
submitted that it was not possible for Shivam to reach the
village at about 10 O’ clock on 16.08.2022 and indulged in
physical relationship with the victim. Submission is that the
father of the victim has concocted a case against Shivam in the
written information.
9. Learned counsels further submit that as regards her
statement in course of investigation and under Section 164 CrPC,
the I.O. has stated that in her 164 statement, the victim had stated
that when she was going towards Saraiya then one boy left her at
Dumraon. Thereafter, one boy established physical relationship
with her in a forest (Jungle) but she doesn’t know the name of the
said boy. The I.O. has also stated that neither the victim nor any
other witness had stated before her that Shalu Qureshi had
established physical relationship with the victim. In fact, neither
in her 161 nor 164 statement, the victim has alleged against
Shalu Qureshi that he had indulged in establishing physical
relationship with her. Even the FIR does not say so.
10. Learned counsels submit that in this case the first
Patna High Court CR. APP (DB) No.1299 of 2024(6) dt.11-07-2025
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school admission register of the victim has not been proved, a
transfer certificate of class-V on the basis of which the victim
was admitted in class-VI was produced and the same has been
admitted in evidence despite the fact that in the cross-
examination, the Headmaster (PW-10) has admitted that in the
admission register, there is no signature of either of the parents,
there is no signature of any headmaster of the school or any
signature of any government officials or the Department of
Education.
11. It is pointed out that the medical board found the
victim girl age between 17-18 years and the doctor (PW-5) who
examined the victim has stated that he had not found any mark of
violence on the body of the victim and as per the medical report,
no rape was committed with the victim.
12. It is further submitted that the name of Neha Devi
@ Annu Devi has been brought in this case in course of trial but
from the FIR, it would appear that when the victim girl was
found, she took name of only Shalu Qureshi and she has stated
that when Shalu Qureshi went behind the bars, she was alone in
the house but later on she has stated in trial that her wife was in
the house and she had facilitated commission of rape on her by
Shalu Qureshi which is a complete afterthought. The father of the
victim who has been examined as PW-3 has several criminal
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antecedents, he has admitted three cases of robbery, dacoity and
assault against him for which he had gone to Court on 17 th and
18th but he did not think it just and proper to inform the police,
moreover, the entire story of her recovery from Dumraon
Railway Station becomes doubtful because no information was
given to Dumraon Railway Police and PW-3 claims to have
brought back the victim to Mahila Thana, Buxar where the case
was lodged. The FIR lodged after four days was received in the
court after two days of lodging of the FIR. On these grounds,
prayer has been made to suspend the sentence of all the
appellants and release them on bail during pendency of the
appeal.
13. The prayer of the appellants has been opposed by
the learned Additional Public Prosecutors for the State. It is the
submission of learned Additional Public Prosecutors that the
victim girl had left her house after quarreling with her mother,
her mother used to scold her in order to reform her but once she
left her house, she seems to have fallen in wrong hands and has
become victim of the crime.
14. Having regard to the entire submissions noted
hereinabove and the evidences which we have prima facie gone
through at this stage, it would appear that the victim as well as her
father both are making self contradictory and vacillating
Patna High Court CR. APP (DB) No.1299 of 2024(6) dt.11-07-2025
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statements and this Court has noticed at various places which have
been mentioned hereinabove while taking note of the submissions
that how PW-3 has on the one hand stated that he found his
daughter at Dumraon Railway Station on 20.08.2022 but at the
same time, he has stated that at the time of recovery of his
daughter, he was in his home, no information has been given to
Dumraon Railway Police, the FIR has been lodged at Mahila
Thana, Buxar after four days and then it has been sent to the court
of Jurisdictional Magistrate after two days, the I.O. has during
investigation not found any witness stating about presence of
Shivam and indulgence of Shalu Qureshi in establishing physical
relationship with the victim, the victim is giving a completely
different version in her 164 statement and the medical board has
found her age between 17-18 years as also ruling out a case of
rape, for all these reasons, this Court is of the opinion that these
appellants have made out a good case for suspension of their
sentence and release on bail during pendency of the appeal.
15. Let the sentence of the appellants above-named be
suspended and they be released on bail, during pendency of the
appeal, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty
Five Thousand) each with two sureties of the like amount each to
the satisfaction of learned 6th Additional District and Sessions
Judge cum Special Judge, POCSO Act, Buxar in POCSO Case
Patna High Court CR. APP (DB) No.1299 of 2024(6) dt.11-07-2025
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No. 84 of 2022 arising out of Buxar Mahila P.S. Case No. 50 of
2022.
16. Fine, if any, imposed as part of sentence shall
remain suspended during pendency of the appeal.
17. It is made clear that the observations made
hereinabove are prima-facie and tentative for the purpose of
suspension of sentence and bail only which would not cause
prejudice to the either parties.
18. List these appeals for hearing on it’s turn.
(Rajeev Ranjan Prasad, J)
(Ashok Kumar Pandey, J)
Shubham/-
Durgesh/-
U T