Jharkhand High Court
Ganesh Patro vs The State Of Jharkhand on 5 September, 2024
Author: Ananda Sen
Bench: Ananda Sen, Gautam Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (D.B.) No.1434 of 2022
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Ganesh Patro. ... ... Appellant.
Versus
The State of Jharkhand. ... ... Respondent.
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CORAM : SRI ANANDA SEN, J.
: SRI GAUTAM KUMAR CHOUDHARY, J.
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For the Appellant : Mr. Vijay Shanker Jha, Advocate
For the State : Mr. Saket Kumar, A.P.P.
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06/ 05.09.2024
I.A. No.9078 of 2024
This Interlocutory Application has been become
infructuous, as the Vakalatnama has already been accepted. The
same is dismissed as having been rendered infructuous.
I.A. No.9169 of 2024
2. The appellant has been convicted and sentenced in
connection with Special (POCSO) Case No.08 of 2021. He has been
convicted for the offence under Section 363 and 376(3) of IPC, and
Section 4 (2) of the Protection of Children from Sexual Offences
Act, 2012. He was sentenced to undergo rigorous imprisonment for
25 years with fine of Rs.30,000/- under Section 4 (2) of the
Protection of Children from Sexual Offences Act, 2012, along with
other sentences for other offences.
3. Heard, learned counsel for the appellant and learned
A.P.P. for the State and have gone through the impugned judgment,
the evidence and the Trial Court Records.
4. Opportunity was given to the State to oppose the bail,
which the State availed and opposed.
5. From the evidence of the victim girl who though is a
minor, we find that she stated that she was in touch with this
appellant for a period of time. She stated that she out of fear had
accompanied this appellant. She also stated that this appellant had
sent a video in which this appellant had cut his hand and sent the
same to her to force her to accompany him. She accompanied him
and went to Jamshedpur and then went to Bero, from where she
was rescued. She stated that in Bero, she was subjected for forceful
sexual relationship.
6. From the evidence, we find that she had travelled to
different places also in motorcycle with this appellant but she never
raised any alarm nor drew attention of the public that she was
being kidnapped.
7. Considering all these materials, we are inclined to
release this appellant on bail.
8. Accordingly, upon suspending the sentence, the
appellant is directed to be released on bail during the pendency of
this appeal, on furnishing bail bonds of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Special Judge (POCSO), East Singhbhum,
Jamshedpur, in Special (POCSO) Case No.08 of 2021, with a
condition that the appellant shall appear and mark his attendance
before the Registrar, Civil Court, East Singhbhum, Jamshedpur, once
in every four months till the disposal of this Appeal.
9. This interlocutory application is, accordingly, allowed.
(ANANDA SEN, J.)
(GAUTAM KUMAR CHOUDHARY, J.)
Prashant/Cp-03.
