Patna High Court - Orders
Manish Kumar Yadav @ Manish Kr. Yadav vs The State Of Bihar on 3 February, 2017
Author: Sharan Singh
Bench: Sharan Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.681 of 2016
Arising Out of PS.Case No. -223 Year- 2013 Thana -UDAKISHANGANJ District- MADHEPURA
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Manish Kumar Yadav @ Manish Kr. Yadav, son of Sheo Narain Yadav,
Resident of Mauza-Udakishunganj, P.S.-Udakishunganj, District-
Madhepura
.... .... Appellant/s
Versus
The State of Bihar
.... .... Respondent/s
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Appearance :
For the Appellant/s : Mr. Gopal Shankar, Adv.
Mr. Anirudh Kumar Sinha, Adv.
For the Respondent/s : Mr. Sujit Kumar Singh, APP
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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI
SHARAN SINGH
ORAL ORDER
3 03-02-2017Heard learned Counsel for the appellant and learned Additional Public prosecutor appearing on behalf of the State.
This appeal has been placed for consideration of prayer of suspension of sentence and release of the appellant on bail, during the pendency of this appeal, after receipt of the Lower Court's Record.
Learned Counsel appearing on behalf of the appellant has submitted that the appellant has remained in custody continuously since 27.12.2013. Upon conviction of the appellant of offences punishable under Sections 292, 354-A, 376, 511, 386, 120B of the Indian Penal Code, Section 67 of the Information Technology Act and Sections 4 and 11(i) of the of the Protection of Children from Sexual Offence Act, 2012, he has been sentenced to undergo Patna High Court CR. APP (SJ) No.681 of 2016 (3) dt.03-02-2017 2 imprisonment for maximum period of five years for the offence punishable under Section 376/511 of the Indian Penal Code. Learned Counsel for the appellant has further submitted that the CD, to establish the offence under Section 67 of the Informant Technology Act, was not produced at the trial. He has also submitted that there is no likelihood that this appeal can be heard in near future.
On perusal of the materials on record and submissions advanced on behalf of the appellant, I find that the appellant has made out a case for suspension of sentence and his release on bail, during the pendency of this appeal.
Accordingly, the execution of sentence, during the pendency of this appeal, shall remain suspended.
Let the appellant, above named, be released on bail, pending appeal, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 1st, Madhepura, in connection with Session Trial No.72 of 2014/CIS No.92 of 2014.
(Chakradhari Sharan Singh, J.) Arvind/-
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