Patna High Court - Orders
Abhishek Kumar @ Sintu Mahto vs The State Of Bihar on 13 August, 2018
Author: Birendra Kumar
Bench: Birendra Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2767 of 2018
Arising Out of PS. Case No.-8 Year-2017 Thana- SC/ST District- Begusarai
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Abhishek Kumar @ Sintu Mahto, Son of Deonarain Mahto, Resident of
Village- Mohanpur, P.S.- Khodawandpur, District- Begusarai.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Nilesh Kumar
For the Respondent/s : Smt. Usha Kumari No-1
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CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
ORAL ORDER
2 13-08-2018Heard learned counsel for the parties.
This is an appeal under Section 14A (1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "SC/ST Act") against the impugned judgment and order of conviction and sentence dated 27.06.2018 and 29.06.2018, respectively, passed by the learned Special Judge, S.C./S.T. Act, Begusarai in S.C./S.T. Case No.08 of 2017, whereby and whereunder the appellant has been convicted for the offences under Sections 376/511, 323, 341 of the Indian Penal Code as well as Section 3(i)(r), 3(i)(s), 3(i)(w) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
The maximum sentence awarded against the appellant by the learned trial Judge, vide impugned judgment and Patna High Court CR. APP (SJ) No.2767 of 2018(2) dt.13-08-2018 2/2 sentence, is two years for the offences under Section 376/511 of the Indian Penal Code.
The appeal is admitted for hearing.
Call for Lower Court Record.
Prayer is for bail.
The appellant has already remained in jail for about one and a half years as informed by the learned counsel for the appellant.
Let the appellant, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with the aforesaid case.
The operation of the sentence awarded against the appellant shall remain in abeyance till hearing of this appeal.
(Birendra Kumar, J) abhishek/-
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