Dhirendra Kumar vs The State Of Jharkhand
2025 Latest Caselaw 1412 Jhar

Jharkhand High Court

Dhirendra Kumar vs The State Of Jharkhand on 7 January, 2025

Author: Sanjay Prasad

Bench: Sanjay Prasad

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          Cr. Appeal (S. J.) No. 2067 of 2004
                                     ....

            Dhirendra Kumar                                 ...... Appellant
                               Versus
            The State of Jharkhand                          ...... Respondent
                                  -----

CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD

-----

For the Appellant : None.

For the State : Mr. Jitendra Pandey, A. P. P. ......

16/07.01.2025 No one appears on behalf of the appellant. However, Ms. Anushka Sharma, learned counsel has been appointed as Amicus Curiae to argue this Criminal Appeal on behalf of the appellant vide order dated 18.08.2023 by the Co-ordinate Bench (Hon'ble Mr. Justice Deepak Roshan) of this Court.

2. It appears that the appellant- Dhirendra Kumar has been convicted for the offences under Sections 376 and 366 of the Indian Penal Code and sentenced to undergo R.I. for a period of seven (7) years and R.I. for a period of seven (7) years respectively for the offences under Sections 376 and 366 of the Indian Penal Code and to pay fine of Rs. 2,000/- on each counts.

3. It appears from the office notice and the order of the Co-ordinate Bench passed on 05.05.2022 that notice has been served upon the appellant. However, the appellant is evading his appearance.

4. Under the circumstances, issue show cause notice to the appellant-Dhirendra Kumar that as to why the bail granted to him on 10.02.2005 by the Co-ordinate Bench of this Court, be not cancelled.

5. The Registry of this Court is directed to issue show cause to the appellant for cancellation of his bail.

6. Learned Trial Court below is also directed to issue notice to the bailors of the Appellant as to why their security be not forfeited and they are directed to produce the appellant-Dhirendra Kumar failing which their security deposit may be forfeited and necessary steps may be taken against them in accordance with law.

7. In the meantime, let the notice be served upon the Victim Girl "X" through her guardian and also upon her guardian through Superintendent of Police, Bokaro in light of the judgment rendered in the case of Nipun Saxena and Anr. Versus Union of India reported in (2019) 2 SCC 703.

8. Learned APP may file an affidavit with regard to service of notice upon the Victim Girl-"X" through her guardian by the competent person of the said Police Station.

9. Put up this case after ten weeks.

10. Let a copy of this order be sent through FAX to the office Superintendent of Police, Bokaro and handed over to the learned APP and also be sent to the office of the learned Registrar General for the needful.

(Sanjay Prasad, J.) Kamlesh/