IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. APP (SJ) No.430 of 2011
SHANKAR SAH
Versus
THE STATE OF BIHAR
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2. 18.4.2011 This appeal shall be heard.
Call for the lower court records.
Heard Shri Akhileshwar Prasad Singh, learned
Senior counsel for the appellant and Shri S.N.Prasad, learned
A.P.P. for the State on the prayer for bail of the appellant.
It was contended by learned Senior counsel
appearing on behalf of the appellant that the age of the victim
has been assessed by the Doctor in between 17-18 years and the
medical opinion further indicates as if she was carrying a fetus
of two months in her womb. She was alleging being taken by the
appellant from Katihar to different places and being ravished at
all places. The contention is that the very medical finding and
the conduct of the lady in the light of her age probabablises
herself to be a consenting party.
Regard being had to the contentions, let the
appellant Shankar Sah be directed to be released, during
pendency of this appeal, on furnishing a bond of Rs. 10,000/-
(ten thousand) with two sureties of the like amount each to the
satisfaction of the trial court, i.e., the Sessions Judge, Katihar, in
Sessions Trial No. 69 of 2010.
As regards sentence of fine, realisation thereof
against the appellant shall remain stayed till further orders.
Kanth ( Dharnidhar Jha, J.)