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Nagendra Baidh @ Nagendra Baidya vs The State Of Bihar on 28 January, 2020

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2934 of 2019
Arising Out of PS. Case No.-132 Year-2015 Thana- IMAMGANJ District- Gaya

NAGENDRA BAIDH @ NAGENDRA BAIDYA Son of Late Madheshwar
Baidh Resident of Village- Bhiraha, P.S.- Imamganj District- Gaya.

… … Appellant/s
Versus
The State of Bihar
… … Respondent/s

Appearance :
For the Appellant/s : Mr.Ramashish, Advocate.
For the Respondent/s : Mr.Bipin Kumar, APP.

CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
ORAL ORDER

4 28-01-2020 Heard the parties on prayer for bail made on behalf of

the appellant.

Appellant has been convicted for offence under

Section 8 of the POCSO Act and rigorous imprisonment of four

years has been awarded. Besides aforesaid, other punishment

has also been awarded under Section 354 IPC.

Allegation against the appellant is that he disrobed a

girl aged about 13 years.

Submission is that the ingredients of offence of sexual

assault as defined under Section 7 of the POCSO Act is not

made out on the bare perusal of allegation. Appellant has

remained in jail for last 25 months.

Considering the aforesaid submission and period

already undergone, while suspending the punishment awarded
Patna High Court CR. APP (SJ) No.2934 of 2019(4) dt.28-01-2020
2/2

by the learned trial Judge against the appellant, I direct that the

appellant, above named, be released on bail, till disposal of this

appeal unless otherwise ordered, on furnishing bail bonds of

Rs.20000/- (Twenty thousand) with two sureties of the like

amount each of the satisfaction of the learned Special Judge,

POCSO Act, Gaya in connection with POCSO Case No. 80 of

2015, arising out of Imamganj P.S. Case No. 132 of 2015,

subject to the condition that both the bailors shall be resident of

territorial jurisdiction of the learned court below as well as the

appellant shall not leave the country without permission of the

learned trial Court.

(Birendra Kumar, J)
mantreshwar/-

U T

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