Rakesh Kumar vs The State Of Bihar on 7 January, 2016

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Patna High Court - Orders

Rakesh Kumar vs The State Of Bihar on 7 January, 2016

Bench: Ashwani Kumar Singh

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                      Criminal Appeal (SJ) No.741 of 2015
                     Arising Out of PS.Case No. -187 Year- 2014 Thana -KASIMBAZAR District- MUNGER
                 ======================================================
                 Rakesh Kumar son of Sri Madan Mandal, resident of village- Shivnagar,
                 P.S.- Kasim Bazar, District- Munger.

                                                                               .... ....   Appellant/s
                                                       Versus
                 The State of Bihar

                                                                .... .... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s  : Mr. Dhirendra Nath Jha, Advocate
                 For the Respondent/s : Mr. Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR
                 SINGH
                 ORAL ORDER

3   07-01-2016

Heard learned counsel for the appellant and learned counsel for the State.

The sole appellant has been convicted under section 7 of the Protection of Children for Sexual Offences Act, 2012 and sentenced to undergo rigorous imprisonment for five years and to pay a fine of rupees five thousand.

It has been contended that the prosecutrix did not support the main allegation in her deposition that the appellant had removed her panties. The other witnesses are all hearsay. The doctor, who has examined the victim, did not find any injury nor any foreign particles on the person of the child.

Learned counsel for the State has opposed the application filed under section 389(1) of the Code of Criminal Patna High Court CR. APP (SJ) No.741 of 2015 (3) dt.07-01-2016 2/2 Procedure. She has contended that the victim was a minor girl aged about four years and, in her deposition, she has stated that the appellant being her Mama had uttered a good deal of bad language.

Be that as it may, regard being had to the evidence on record, the appellant, who is in custody since 27.10.2014, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (POCSO Act)- cum-Additional District and Sessions Judge-1, Munger, in connection with Sessions Trial No.926 of 2014/Sessions Trial No.1058 of 2014 (C.I.S.) arising out of Kasim Bazar P.S. Case No.187 of 2014.

(Ashwani Kumar Singh, J) Md.S./-

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Patna High Court - Orders