Shankar Nut vs The State Of Bihar on 3 January, 2025

[Cites 10, Cited by 0]

Patna High Court - Orders

Shankar Nut vs The State Of Bihar on 3 January, 2025

2. The present matter was taken on board for considering the prayer of bail and suspension of sentence of above named accused/appellant during pendency of appeal under Section 389(1) of the Code of Criminal Procedure (in short Cr.P.C.) as raised through memo of appeal itself, which preferred under Sections 374(2) of the Cr.P.C.

3. This application has been filed by the convict/appellant against the judgment of conviction dated 05.03.2024 for the offence punishable Under Section 306/34 of IPC and under Section 5 of Immoral Trafficking Patna High Court CR. APP (SJ) No.2346 of 2024(4) dt.03-01-2025 2/6 (Prevention) Act and has been sentenced on 13.03.2024 to undergo RI for 5 years and fine of Rs. 10,000/- payable to victim compensation fund in default of payment of fine SI for three months under Section 306/34 of the IPC and RI for 5 years and fine of Rs. 2,000/- payment to victim compensation fund in default of payment of fine SI for one month under Section 5 of Immoral Trafficking (Prevention) Act, rendered by learned 7th Additional District & Sessions Judge cum Exclusive Special Judge (POCSO), Sasaram, Rohtas in POCSO Case No. 43 of 2021, arising out of Bikramganj P.S. Case No. 229 of 2021. Both the sentence shall run concurrently.

4. Learned counsel appearing on behalf of the appellant/convict submitted that the name of appellant nowhere find place in statement of one of the victim while recording her statement under Section 164 of the Cr.P.C. qua present occurrence. It is pointed out that the appellant was biological father of the deceased and the informant/PW-4, namely, Rupi Devi @ Rubi Devi who is the mother of the deceased, deserted her husband/appellant/convict when the Patna High Court CR. APP (SJ) No.2346 of 2024(4) dt.03-01-2025 3/6 deceased was only 2 years old. It is submitted that even from the testimony of the informant except suspicion nothing appears incriminating against this appellant and, therefore, the findings of convictions as recorded by learned trial court appears bad in eyes of law.

5. It is also pointed out by learned counsel that the other victim namely, Paro Kumari who examined during the trial as PW-5, it appears that the deceased was in love affairs with one Sagar of Sasaram and this appellant was caring about the deceased being a father. It is submitted by learned counsel that from the testimony of PW-5 it appears prima- facie that the reason of suicide was denial of marriage by said Sagar.

6. Learned counsel for the appellant also pointed out that during autopsy no external injury was noticed upon the body of the deceased. It is further submitted that the testimony of other prosecution witnesses also failed to establish prima-facie that the act of appellant was so direct and active which forced the deceased to commit suicide without leaving any other option. In support of his Patna High Court CR. APP (SJ) No.2346 of 2024(4) dt.03-01-2025 4/6 submissions learned counsel relied upon the legal report of Hon'ble Supreme Court as available through Gurucharan Singh vs. State of Punjab reported in 2016 SCC OnLine SC 1415.

7. While concluding argument, it is submitted that with all such aforesaid evidences as available on record balance of appeal appears in favour of appellant, wherein, appellant remains in custody for about three year and six months against fixed term sentence of five years, where this appeal is of year 2024 itself and same is not likely to be taken up on board in near future for final hearing, therefore, on this score alone appellant/convict deserves bail. In this context learned counsel relied upon Full Bench judgment of this Court as available through Anurag Baitha vs. State of Bihar reported in AIR 1987 PAT 274 (FB) and legal report of Hon'ble Supreme Court as available through Atul @ Ashutosh vs. State of Madhya Pradesh reported in 2024 (3) SCC 663.

8. Learned APP while opposing the prayer of bail and suspension of sentence submitted that the deceased Patna High Court CR. APP (SJ) No.2346 of 2024(4) dt.03-01-2025 5/6 admittedly committed suicide in the house of appellant/convict however, he could not disputed the factual submission as advanced by learned counsel for the appellant.

9. In view of aforesaid factual submission and by taking note of testimony of prosecution witnesses particularly PW-5 which not appears convincing prima-facie to suggest that act of appellant was so direct or active in nature which compelled the deceased to commit suicide without leaving any other option, coupled with the fact as appellant/convict remains in custody for about three year and six months against fixed term sentence of five years, where this appeal is of year 2024 and same is not likely to be taken up on board in near future for final hearing, accordingly, above named accused/appellant is directed to be released on bail, during the pendency of the appeal, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned learned 7 th Additional District & Sessions Judge cum Exclusive Special Judge (POCSO), Sasaram, Rohtas in POCSO Case No. 43 of 2021, arising out of Bikramganj P.S. Case No. 229 of 2021.

Patna High Court CR. APP (SJ) No.2346 of 2024(4) dt.03-01-2025 6/6

10. The sentence imposed by the concerned trial court shall remain suspended during pendency of appeal. Realization of fine, if any, be kept in abeyance also till disposal of appeal.

11. The appellant shall co-operate in disposal of the appeal.

12. Observation, as regard to merit, if any, shall be of no bearing while final hearing of this appeal.

13. Re-notify this case as per its own seriatim for final hearing.

(Chandra Shekhar Jha, J) Sudha/-

U         T

Unlock Advanced Research with PRISMAI

Patna High Court - Orders