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IN THE SUPREME COURT OF INDIA

CRIMINAL  APPELLATE JURISDICTION  

CRIMINAL     APPEAL     NO.     1344       OF     2012   

(Arising out of SLP(Crl.) No.7263/2011)

KAILASH SINGH & ANR.                            Appellant(s)

                    :VERSUS:

STATE OF BIHAR & ANR.                           Respondent(s)

O     R     D     E     R   

Leave granted.

Learned counsel for the parties agree that  

subsequent to the order having been passed by the  

Trial Court, the girl, namely Usha Kumari, who was  

supposed to have been killed, has been actually  

recovered. It appears that the appellants were  

absent when the matter was taken up for hearing by  

the High Court. Consequently, the fact of the  

recovery of the girl was not brought to the notice  

of the High Court.  

In our considered opinion, instead of going  

into the merits of the present appeal, it would be

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appropriate to remit the matter back to the High  

Court for reconsideration in view of the subsequent  

events brought on record now. Accordingly, the order  

dated 9.11.2010 passed by the High Court in Criminal  

Miscellaneous No.33085 of 2007 is hereby is quashed  

and set aside and the matter is remitted to the High  

Court for reconsideration on the basis of the  

subsequent facts as brought on record before this  

Court.  

This appeal is accordingly disposed of.     

.....................J (SURINDER SINGH NIJJAR)

.....................J (H.L. GOKHALE)

New Delhi; August 31, 2012.