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Patna High Court - Orders

Rabindra Singh @ Ravindra Singh vs The State Of Bihar on 24 August, 2022

Author: Arvind Srivastava

Bench: Arvind Srivastava

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.3984 of 2021
                      Arising Out of PS. Case No.-51 Year-2019 Thana- MAHILA P.S. District- Rohtas
                 ======================================================
                 RABINDRA SINGH @ RAVINDRA SINGH Son of Jagdish Singh Resident
                 of Village- Jamuara (Basdihan), P.S.- Surajpura, District- Rohtas.

                                                                                    ... ... Appellant/s
                                                        Versus
                 THE STATE OF BIHAR

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr.Anuj Kumar
                 For the Respondent/s    :        Ms.Abha Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA
                                       ORAL ORDER

4   24-08-2022

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

The appellant has prayed for suspension of sentence and grant of bail during pendency of the appeal.

Learned counsel for the appellant submits that all the private witnesses including the victim have turned hostile. The medical report does not corroborate the allegations levelled as the doctor did not find any abnormal stain, foreign particle or any injury on the body of the victim. The victim has changed her version. Moreover, the appellant is in custody since 07.08.2019 i.e. for more than three years.

Considering the submissions advanced on behalf of the parties, the materials available on record, the period undergone by the appellant in custody and the unlikelihood of Patna High Court CR. APP (SJ) No.3984 of 2021(4) dt.24-08-2022 2/2 the appeal to be taken up for hearing in near future, this Court is inclined to grant bail. The appellant, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge VI-cum-Special Judge, POCSO Act, Rohtas, Sasaram in connection with POCSO Case No. 71 of 2019 arising out of Mahila P.S. Case No. 51 of 2019.

The order of sentence and payment of fine, during pendency of the appeal, shall remain stayed.

(Arvind Srivastava, J) mcv/-

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