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
The State of Bihar
… … Respondent/s
For the Appellant/s : Mr.Ramashish, Advocate.
For the Respondent/s : Mr.Bipin Kumar, APP.
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
4 28-01-2020 Heard the parties on prayer for bail made on behalf of
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
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)