Patna High Court - Orders
Sanjeev Kumar Singh vs The State Of Bihar on 7 October, 2024
Author: Ashutosh Kumar
Bench: Ashutosh Kumar, Jitendra Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.207 of 2024
In
CRIMINAL APPEAL (SJ) No.4402 of 2023
Arising Out of PS. Case No.-238 Year-2021 Thana- BIDUPUR District- Vaishali
======================================================
Muskan Kumari, Daughter of Anil Kumar Singh Under The Guardianship of
Gayatri Devi, M/O- Muskan Kumari, R/O-Chechar, P.S.-Bidupur, Distt.-
Vaishali (Hajipur)
... ... Appellant/s
Versus
1. The State of Bihar
2. Sanjeev Kumar Singh, Son of Harendra Singh, R/O-Chechar, P.S.-bidupur,
Distt.-Vaishali (Hajipur)
3. Raju Singh, Son of Jugal Kishor Singh @ Jaddu Singh, R/O-Chechar, P.S.-
bidupur, Distt.-Vaishali (Hajipur)
... ... Respondent/s
======================================================
with
CRIMINAL APPEAL (SJ) No. 3159 of 2023
Arising Out of PS. Case No.-238 Year-2021 Thana- BIDUPUR District- Vaishali
======================================================
1. Sanjeev Kumar Singh S/O Harendra Singh R/O Village- Chechar, PS.
Bidupur, Dist. Vaishali, Bihar
2. Raju Singh S/O Jugal Kishor Singh @ Jaddu Singh R/O Village- Chechar,
PS. Bidupur, Dist. Vaishali, Bihar
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
(In CRIMINAL APPEAL (DB) No. 207 of 2024)
For the Appellant/s : Ms. Vandana Kumari, Advocate
For the Respondent/s : Mr. Navin Kumar Pandey, APP
(In CRIMINAL APPEAL (SJ) No. 3159 of 2023)
For the Appellant/s : Mr. Dhananjay Kumar, Advocate
For the Respondent/s : Mr. Mukeshwar Dayal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
and
HONOURABLE MR. JUSTICE JITENDRA KUMAR
Patna High Court CR. APP (DB) No.207 of 2024(5) dt.07-10-2024
2/4
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)
5 07-10-2024Re.- I.A. No. 02 of 2024 :-
The learned Advocate for appellants/Sanjeev Kumar Singh and Raju Singh [in Cr. Appeal (SJ) No. 3159 of 2023] seek an early hearing of the case.
2. Both the appellants have been convicted under Sections 323, 341, 342, 354(A) and 354(B) of the Indian Penal Code and Section 8 of the POCSO Act, 2012 vide judgment dated 24.05.2023 passed by the learned Additional Sessions Judge-VI-cum- Special Judge, POCSO, Vaishali at Hajipur in POCSO G.R. No. 19 of 2021, arising out of Bidupur P.S. Case No. 238 of 2021. By order dated 08.06.2023, they have been sentenced to undergo R.I. for three years, to pay R.I. for three years, to pay a fine of Rs. 5,000/- each and in default of payment of fine, to further suffer R.I. for three months under Section Patna High Court CR. APP (DB) No.207 of 2024(5) dt.07-10-2024 3/4 354(A) of the IPC; R.I. for six years, to pay a fine of Rs. 10,000/- each and in default of payment of fine, to further suffer R.I. for six months under Section 354(B) of the IPC; R.I. for three years, to pay a fine of Rs. 5,000/- each and in default of payment of fine, to further suffer R.I. for three months under Section 8 of the POCSO Act, 2012; to pay a fine of Rs. 500/- each and in default of payment of fine, to further suffer S.I. for one day under Section 323 of the IPC; to pay a fine of Rs. 500/- each and in default of payment of fine, to further suffer S.I. for one day under Section 341 of the IPC; and to pay a fine of Rs. 1,000/- each and in default of payment of fine, to further suffer S.I. for five days under Section 342 of the IPC.
3. However, the victim has filed an appeal under Section 372 of the Code of Criminal Procedure for enhancement of sentence of the appellants.
4. Hence, the appeal preferred by the Patna High Court CR. APP (DB) No.207 of 2024(5) dt.07-10-2024 4/4 victim [Cr. Appeal (DB) No. 207 of 2024] was tagged along with the appeal of the present appellants.
5. Good reasons have been assigned for giving an early hearing to the appeal of the appellants.
6. Let both the appeals, viz., Cr. Appeal (DB) No. 207 of 2024 and Cr. Appeal (SJ) No. 3159 of 2023 be listed for final hearing in the fourth week of November, commencing from 18th of November, 2024, within first five cases.
7. I.A. No. 02 of 2024 stands disposed off accordingly.
(Ashutosh Kumar, J) (Jitendra Kumar, J) Sauravkrsinha/ Krishna-
U