Raj Kumar Mahato @ Rajkumar Mahto vs The State Of Jharkhand
2024 Latest Caselaw 9348 Jhar

Jharkhand High Court

Raj Kumar Mahato @ Rajkumar Mahto vs The State Of Jharkhand on 19 September, 2024

Author: Ananda Sen

Bench: Ananda Sen, Gautam Kumar Choudhary

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       Cr. Appeal (D.B.) No.268 of 2023
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           Raj Kumar Mahato @ Rajkumar Mahto, aged about 23 years, son of
           Amrit Prasad @ Amrit Prasad Mahato, resident of Barajore, PO Tundi,
           PS Purvi Tundi, District Dhanbad                ... Appellant(s).
                                     Versus
           The State of Jharkhand                          ... Respondent(s).
                                     ......

           CORAM        :      SRI ANANDA SEN, J.

SRI GAUTAM KUMAR CHOUDHARY, J.

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            For the Appellant(s)    : Mr. Rohan Mazumdar, Advocate
                                      Mrs. J. Mazumdar, Advocate
            For the State           : Mr. Pankaj Kumar, PP
                                    .........
03 /19.09.2024: I.A. No.9290 of 2024

This interlocutory application has been filed by the appellant, praying therein to suspend the sentence and release him on bail during the pendency of this appeal.

2. The appellant has been convicted for the offence under Section 366 and 376 of IPC and section 6 r/w section 5(1) of the POCSO Act in connection with Special (POCSO) Case No. 32 of 2022. He has been sentenced to undergo rigorous imprisonment for 20 years with fine of Rs.5,000/- for the offence under Section 366 of IPC and section 4(2) of POCSO Act along with other sentences.

3. Heard, learned counsel for the appellant and learned 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. The girl discloses her age to be 15 years but as per the medical evidence she was above 18 years. In her evidence she stated that this appellant had forcibly taken her to Gujarat from Dhanbad in public transport i.e. bus. She stated that she was molested in the bus also and her phone was forcibly snatched

from her. She alleges sexual assault on the way and also in Gujarat. From her evidence, we find surprisingly that she had not raised any alarm when she had been taken in the public transport which covered a large distance from Dhanbad to Gujarat. She further stated that she was introduced as wife of this appellant.

6. Considering all these facts, we are inclined to allow this Interlocutory application. Accordingly, upon suspending the sentence, the appellant, namely, Raj Kumar Mahato @ Rajkumar Mahto is directed to be released on bail during the pendency of this appeal, on furnishing bail bonds of Rs.10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, POCSO Act, Dhanbad, in connection with Special (POCSO) Case No. 32 of 2022 with a condition that the appellant shall appear and mark his attendance before the Registrar, Civil Court, Dhanbad, once in every four months till the disposal of this appeal.

7. I.A. No.9290 of 2024 stands allowed.

(ANANDA SEN, J.)

(GAUTAM KUMAR CHOUDHARY, J.) Tanuj/-