IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. APP (SJ) No.929 of 2009
Ashok Sahani & Ors
Versus
State Of Bihar
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4/ 11.7.2011 I.A. No. 1334 of 2011
The appellant Pappu Singh has made prayer for bail
through the above I.A. The appellant and two others have been
found guilty and punished under section 376(2)(g) IPC.
The contention is that if the evidence of P.W. 9 is
analyzed, then it could be found that it may not be a case of taking
away the victim forcibly and subjecting her to sexual intercourse. It
was contended that the circumstances which have been discussed by
the trial court in rejecting the contentions of the defence were duly
available from the evidence of P.W. 9 and that appears more
probable with the age of the victim as stated by the doctor, which is
mentioned in paragraph 15 of the judgment. The doctor has found
the lady aged about 17-19 years and habituated to sex as may appear
from the description of her private parts. The contention further was
that the story of the lady having been forcibly taken away in
presence of her parents appears quite impossible.
Regard being had to the facts and circumstances of the
case, during the pendency of the appeal, let appellant Pappu Singh
be released on bail on furnishing bail bond of Rs.10000/(ten
thousand) with two sureties of the like amount each to the
satisfaction of Additional Sessions Judge III, Vaishali at Hajipur in
2
S.T. No. 38 of 2008.
As regards sentence of fine, realization thereof shall
remain stayed during the pendency of the appeal.
Anil/ ( Dharnidhar Jha, J.)