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2025 DAILYLAW 28462 (PAT)

ANIL KUMAR @ ANIL SINGH v. THE STATE OF BIHAR

CR. APP (SJ)/1341/2024 · 2025-04-19

Rajiv Roy

Criminal Appealbody2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1341 of 2024 Arising Out of PS. Case No.-28 Year-2017 Thana- MAHILA P.S. District- Nawada ====================================================== ANIL KUMAR @ ANIL SINGH S/O RAJO SINGH @ RAJENDRA SINGH R/O VILLAGE- DAULATPUR, P.S- WARISALIGANJ, DISTT.- NAWADA. ... ... Appellant/s Versus 1. THE STATE OF BIHAR 2. The State Of Bihar ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Manoj Kumar Pandey, Advocate For the Respondent/s : Mr.Syed Ashfaque Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 5 19-04-2025 Heard the parties. 2. The present appeal has been preferred: against the order and judgment of conviction dated 27.07.2023 as well as sentence dated 01.08.2023 passed by the Learned Additional Sessions Judge- VI-cum- Special Judge, POCSO, Nawada in POCSO Case No. 18/2017 arising out of Mahila P.S Nawada P.S Case No. 28/2017 which was registered U/s 376, 504 of the IPC and 6 of the POCSO Act whereby and where under Patna High Court CR. APP (SJ) No.1341 of 2024(5) dt.19-04-2025 2/3 the appellant has been found guilty for the offences U/s 376(2)(1) as well as U/s 4 of the POCSO Act and U/s 354(B) of the IPC accordingly the appellant has been sentenced to undergo Rigorous imprisonment for a term which shall not be less than punishable U/s 376(2)(1) of the IPC and in default of non payment of fine he shall undergo Rigorous imprisonment for a period of further six months and appellant has further been sentence to Rigorous imprisonment for a term of 5 years and also to pay the fine of Rs. 5,000/- for the offence punishable U/s 354B of the IPC and in default of payment of find he shall further undergo Rigorous imprisonment for two months, all sentences will run concurrently and the period served by the appellant in jail custody will set off U/s 428 of Cr.P.C. 3. On 15.02.2025, notice was issued to the respondent no.2 and the requisites were to be filed within a period of three weeks. Patna High Court CR. APP (SJ) No.1341 of 2024(5) dt.19-04-2025 3/3 4. Since it was a peremptory order and not complied, the case stands dismissed on 17.03.2025. 5. Perused the file, consigned. Ravi/- (Rajiv Roy, J) U T