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Radhe Shyam Ram vs The State Of Bihar on 19 July, 2021

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IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION)
CRIMINAL APPEAL (SJ) No.2 of 2020
Arising Out of PS. Case No.-262 Year-2014 Thana- MAJORGANJ District- Sitamarhi

RADHE SHYAM RAM Son of Ram Pravesh Ram Resident of Village –
Harpur Kalan, P.S.- Majorganj, Distt.- Sitamarhi.
… … Appellant
Versus
THE STATE OF BIHAR
… … Respondent

Appearance :
For the Appellant/s : Mr.Sunil Prasad Singh, Advocate
For the Respondent/s : Mr.Binod Bihari Singh, Addl. P.P.

CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL ORDER

5 19-07-2021 Heard learned counsel for the appellant and learned

Additional Public Prosecutor for the State.

This is an admitted appeal. The records have been

placed today for consideration of the prayer for bail of the

appellant. Vide order dated 08.04.2021, liberty was granted to the

learned Additional Public Prosecutor for the State to file a show

cause in terms of proviso of Sub-Section (1) of Section 389 of the

Cr.P.C. No show cause has been filed on behalf of the State.

Learned counsel for the appellant submits that in the

present case the sole accused was charged for the offences under

Section 363, 364, 377, 307 and 201 of the Indian Penal Code read

with Section 4, 6, 8 10 of the Protection of Children from the

Sexual Offences Act (in short the “POCSO Act”). He has however

been exonerated from the charges under Section 364 307 of the

Indian Penal Code. The appellant has been convicted for the
Patna High Court CR. APP (SJ) No.2 of 2020(5) dt.19-07-2021
2/3

offences under Section 4, 8 10 of the POCSO Act and also

under Section 6 of the POCSO Act. He has been ordered to

undergo a sentence of rigorous imprisonment for 5 years and to

pay a fine of Rs. 2,000/- under Section 363 I.P.C., rigorous

imprisonment for 10 years and a fine of Rs. 2,000/- under Section

377 I.P.C. and rigorous imprisonment for three years and a fine of

Rs. 1000/- under Section 201 I.P.C. He has also been sentenced to

undergo rigorous imprisonment for 10 years and to pay a fine of

Rs. 5000/- under Section 6(M) of the POCSO Act. The learned

trial court has awarded a compensation of Rs. 1,00,000/- (One

Lakh) to the victim. All the sentences are to run concurrently.

Learned counsel for the appellant submits that this

appellant has remained in jail for almost seven years by now as

against maximum sentence of ten years. This appeal is of the year

2020 and is not likely to be heard in near future particularly

considering the present days pandemic situation when this court is

running through virtual mode only and is taking urgent matters

alone.

Learned Additional P.P. for the State has opposed the

prayer for suspension of sentence and release of the appellant on

bail, however it is not contested that this appeal is not likely to be

heard in near future and the appellant has remained in jail for

almost seven years, therefore he has served the substantial period
Patna High Court CR. APP (SJ) No.2 of 2020(5) dt.19-07-2021
3/3

of sentence.

Considering the facts and circumstances particularly the

period of sentence already served by the appellant and the present

days pandemic situation the appeal is not likely to be heard in near

future, this Court directs suspension of sentence and release of the

appellant on bail, during pendency of the appeal, on furnishing

bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only)

with two sureties of the like amount each to the satisfaction of

learned 1st Additional Sessions Judge – cum – Special Judge

(POCSO Act), Sitamarhi in connection with Trial No. 17/14

(arising out of Majorganj P.S. Case No. 262 of 2014. G.R. No.

2614/14.

The realization of fine as part of sentence shall remain

suspended during pendency of the appeal.

List this appeal on it’s turn under the heading “For

Hearing”.

(Rajeev Ranjan Prasad, J)
Rajeev/-

U T

Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements,
during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court
website under the heading ‘Judicial Orders Passed During The Pandemic Period’.

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