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2026 Supreme(Online)(Pat) 3059

PATNA HIGH COURT
MR. JITENDRA KUMAR, J
Md. Gayasuddin @ Tablu – Appellant
Versus
The State of Bihar – Respondent


Advocates:
For the Appellant/s:Mr. Manoj Kumar Singh, Advocate, Mr. Prabhat Kumar, Advocate, Mr. Sanoj Kumar, Advocate, Mrs. Sweta Suman, Advocate, Mr. Sikendra Kumar Yadav, Advocate
For the Respondents: Mr. Mukeshwar Dayal, APP
Mr. Mani Shankar Kumar Mani, Advocate, Mr. Rohit Kumar Singh, Advocate

Table of Content
1. defense argument on age and evidence of rape. (Para 5 , 6 , 7 , 8 , 10)
2. court observation regarding appeal pendency and bail granted. (Para 11 , 12)

CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

8 20-01-2026 Heard learned counsel for the appellant, learned APP for the State and learned counsel for the Informant.

2. The informant/victim has not been impleaded as Respondent No. 2 in this appeal. However, Mr. Mani Shankar Mani appeared suo motu on her behalf and his vakalatnama is on record.

3. Learned counsel for the appellant is seeking permission to implead the informant/victim as Respondent No.

2 in course of day.

4. Permission is accorded.

5. At this stage, Learned counsel for the appellant is pressing the prayer, as made in the memo of appeal, for suspending the execution of sentence and release of the appellant on bail during pendency of the appeal submitting that the impugned judgment of conviction and order of sentence are not sustainable in the eye of law. He further submits that the appellant has been convicted under Section 376 of the Indian Penal Code and Section 4 of the POCSO Act and he has been sentenced to R.I. for 10 years and fine of Rs. 15

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