Jharkhand High Court
Bipin Kr. Paswan @ Rajesh Oraon @ Bipin ... vs The State Of Jharkhand on 6 August, 2025
Author: Ananda Sen
Bench: Ananda Sen, Gautam Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (D.B.) No. 126 of 2024
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Bipin Kr. Paswan @ Rajesh Oraon @ Bipin Paswan
..... .... .... Appellant
Versus
The State of Jharkhand .... .... .... Respondent
CORAM: SRI ANANDA SEN, J.
SRI GAUTAM KUMAR CHOUDHARY, J.
For the Appellant : Mr. Rakesh Kr., Advocate
For the State : Mr. Rajneesh Vardhan, A.P.P.
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07/06.08.2025 I.A. No. 1469 of 2024
Vide Order dated 01.08.2024, the interlocutory application being I.A. No.
1469 of 2024 seeking suspension of sentence in this appeal sought to be withdrawn,
but due to inadvertence, instead of withdrawing the said I.A., it has been typed as
entire appeal stands dismissed as withdrawn.
Thus, the order dated 01.08.2024 is corrected accordingly. It is only the
I.A. No. 1469 of 2024 filed in this appeal which is deemed to be withdrawn and not
the entire appeal.
Accordingly, the order dated 01.08.2024 passed in this appeal is modified
to the aforesaid extent.
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 under Section 376(1) of IPC and Section
6 of the POCSO Act in Special POCSO Case No. 13 of 2020 arising out of Garu P.S.
Case No. 02/2020, whereby and whereunder he has been sentenced to undergo
rigorous imprisonment for twenty five years and a fine of Rs. 25,000/- for the
offence under Section 6 of the POCSO Act and in case of default in payment of fine,
further R.I. of one year.
3. Heard, the 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. The allegation against this appellant is that he has committed rape upon the
victim girl, as a result of which, she became pregnant and now has delivered a child
also.
4. It has been submitted by the learned counsel appearing on behalf of the
appellant that the appellant has remained in custody for five and half years and
further, he is not denying the paternity of the child. Further, he submits that the
father of the appellant has instructed him that they are ready to keep the child with
them.
5. Opportunity was given to the State to oppose the bail, which the State
availed and opposed.
6. Considering the aforesaid facts and period of custody of the appellant i.e.
more than five years and that there is no likelihood of hearing of the instant criminal
appeal in near future, we are inclined to allow this interlocutory application.
7. Accordingly, upon suspending the sentence, the appellant, namely, Bipin
Kr. Paswan @ Rajesh Oraon @ Bipin Paswan 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), Latehar in Special POCSO Case No. 13 of
2020 arising out of Garu P.S. Case No. 02/2020 with a condition that the appellant
shall appear and mark his attendance before the Registrar, Civil Court, Latehar once
in every four months till the disposal of this appeal.
8. I.A. No. 2177 of 2025 stands allowed.
(ANANDA SEN, J.)
(GAUTAM KUMAR CHOUDHARY, J.)
Sandeep/Pawan
