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Showing contexts for: BIKRAMGANJ in Shankar Nut vs The State Of Bihar on 3 January, 2025Matching Fragments
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 (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.
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 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.