Jharkhand High Court
Bittu Kumar Bauri vs The State Of Jharkhand on 20 December, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No.795 of 2022
Bittu Kumar Bauri ..... Appellant
Versus
The State of Jharkhand .... Respondent
CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR
For the Appellant : Mr. A.K. Sahani, Advocate
For the State : Smt. Snehlika Bhagat, APP
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3/20.12.2022 Heard learned defence counsel Mr. A.K. Sahani appearing on
behalf of the sole appellant and Smt. Snehlika Bhagat learned APP
appearing on behalf of the State.
2. It has been submitted on behalf of the appellant that this appeal
has been admitted by this Court vide order dated 22.11.2022 preferred
against the judgment of conviction dated 21.09.2022 and order of
sentence dated 28.09.2022 passed by learned Additional Sessions Judge-
IV-cum Special Judge (Crime Against Women), Bokaro, whereby and
where under the appellant was convicted under section 366A of IPC and
he was sentenced to undergo R.I. for 7 years with a fine of ₹3000/- and in
default to undergo S.I. for 3 months.
3. It has further been submitted on behalf of the appellant that one
I.A. No. 9961 of 2022 has been filed with a prayer to suspend the
execution of order of sentence enlarging the appellant on bail during the
pending of this appeal. It has further been pointed out that the learned
trial court has failed to appreciate the testimony of the victim in totality,
particularly with reference to the I.O., under which, major contradictions
are found in her statement. Learned defence counsel has pointed out
para-6 and para-7 of PW 4 and submitted that it is admitted case of the
prosecution that the appellant and the victim had been friend since last
one year and from her version, it is evident that there was no coercion,
pressure, inducement or enticement for taking the victim to the
appellant's house by the appellant. Further it has been pointed out that
from paragraph six of the victim it appears that after the alleged incident
dated 03.04.2021, victim got married on 19th July 2021 with Krishna
Kumar Singh and she is living with him happily and peacefully and
thereafter the accused appellant did not make any call or make any kind
of pressure or coercion to her and therefore the charges of alleged
offences against the appellant has not been substantiated. Further it has
also been submitted that the I.O. PW-6 examined on behalf of the
prosecution, who also stated in para-11 that victim PW-4 did not disclose
in her statement before him that she was forcefully taken by the
appellant and thus, it is stated that the important ingredients of section
366-A of IPC for institution of the prosecution case is completely absent.
It is also submitted that the appellant was all along on bail during the
trial after spending custody from 03.04.2021 to 20.09.2021 and after the
judgment of conviction the appellant is in jail since 21.09.2022 and
therefore it is urged on behalf of the appellant that let this appellant be
enlarged on bail during pending this appeal.
4. On the other hand, learned APP opposed the contentions raised on
behalf of the appellant.
5. Having taken into consideration the persuasive submissions
advanced on behalf of the learned counsel for the appellant and under
the facts and circumstances of this case, this appellant Bittu Kumar Bauri
is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/-
(Rupees Twenty Five Thousand) with two sureties of the like amount
each to the satisfaction of the court of learned Additional Sessions Judge-
IV-cum Special Judge (Crime Against Women), Bokaro in connection
with S.T. No.144 of 2021, arising out of Chas P.S. Case No.12 of 2021,
corresponding to G.R. No.620 of 2021, subject to the conditions as laid
down under Section 439 of Cr.P.C. and subject to the payment of fine of
₹3000/- which will be payable in favour of the victim under section 357
of Cr.P.C. as directed by learned court below and the appellant is
directed to submit the money receipt to that effect before this court.
Accordingly, the I.A. No.9961/2022 gets disposed of.
Cr. Appeal (SJ) No.795 of 2022
6. Let the original lower court records be called for and list this case
in under the heading 'for hearing'.
(Navneet Kumar, J.)
R.Kumar
