Patna High Court – Orders
Md. Allauddin @ Tinku vs The State Of Bihar on 17 June, 2025
Author: Nawneet Kumar Pandey
Bench: Nawneet Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4100 of 2023
Arising Out of PS. Case No.-447 Year-2020 Thana- BEGUSARAI MUFFASIL District-
Begusarai
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MD. ALLAUDDIN @ TINKU SON OF MD. NIJAM RESIDENT OF
VILLAGE - SHAHPUR, P.S. - MUFFASIL (LAKHO O.P.), DISTRICT -
BEGUSARAI
... ... Appellant/s
Versus
1. The State of Bihar BIHAR
2. SUNITA DEVI WIFE OF ANIL DAS RESIDENT OF VILLAGE -
SHAHPUR, P.S. - MUFFASIL (LAKHO O.P.), DISTRICT - BEGUSARAI
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr.Shubhesh Pandey
For the Respondent/s : Mr.Zeyaul Hoda
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CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
4 17-06-2025
Heard learned counsel for the appellant and learned
counsel for the State.
2. The present Memo of Appeal has been preferred
against the judgment dated 21.07.2023 and order of conviction
dated 24.07.2023 passed by learned Exclusive Special
(P.O.C.S.O. ACT) Cum 6. Addl. Sessions Judge- Begusarai in
connection with POCSO case No.-47 of 2021 arising out of
Begusarai Muffasil (Lakho O.P.) P.S. Case No. 447 of 2020
registered for the offence u/s 147, 148, 149, 341, 323, 354(B),
337,338,307,504,506 of the Indian Penal Code r/w section 3(1)
(r)(s),2(v), of the POA of Sc/St Act, after due investigation the
I.O. of the case has filed charge Sheet for the offense alleged u/s
Patna High Court CR. APP (SJ) No.4100 of 2023(4) dt.17-06-2025
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opposite party no. 2 147, 148, 149, 341, 323, 354(B),
337,338,307,504,506 of the Indian Penal Code and u/s 8 of the
POCSO Act along with the sections 3(1)(r)(s), 2(v), of the POA
of Sc/St Act on 19-8-2021 vide Charge Sheet No.-506/2021 but
the charges have been framed against the appellant under
Sections341,354(B)/149,147,323/149,337/149,338/149,504/149,
506/14 IPC as well as u/s 8 of the POCSO Act and also u/s 3(1)
(r)(s),2(v), of the POA of Sc/ St Act, vide the order dated
conviction and sentence dated he has been found guilty of the
offence u/s 7/8 of the POCSO act only and he has been
sentenced to undergo four (4) Years R.I. and a fine of Rs.
10,000/ (Ten Thousand) vide the order of sentence dated
24.07.2023 further it has also been stated in the judgment that
the convict should undergo S.1. for 3 month in case of
nonpayment of the fine further.
3. While making the prayer to suspend the sentence
and grant bail to the appellant, learned counsel for the appellant
has submitted that he has remained in custody for more than
half of the maximum awarded sentence of four years R.I.
4. Considering the above-mentioned facts and
circumstances, the appellant above-named is directed to be
released on bail provisionally till further orders on furnishing
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bail bond of Rs. 10,000/- (ten thousand) of two sureties of the
like amount each to the satisfaction of learned learned Exclusive
Special (P.O.C.S.O. Act)-Cum-6th Addl. Sessions Judge-
Begusarai in connection with POCSO case No.-47 of 2021
arising out of Begusarai Muffasil (Lakho O.P.) P.S. Case No.
447 of 2020.
5. Issue notice to the respondent no. 2, for which
requisites etc. under registered cover with A/D as well as
ordinary process must be filed within two weeks.
6. List the matter after eight weeks.
(Nawneet Kumar Pandey, J)
Nirmal/-
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