IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) No.1151 of 2024 Arising Out of PS. Case No.-444 Year-2018 Thana- BIKRAMGANJ District- Rohtas ======================================================

Sushil Kumar Son of Satyendra Singh Resident of Mohalla - Shyam Nagar, Bikramganj, P.S. - Bikramganj, District - Rohtas, permanent resident of Village - Arjun Bigha, P.S. - Darihat, District - Rohtas ... ... Appellant/s Versus

1. The State of Bihar

2. Dilip Kumar Prasad Son of Late Ram Prasad Sah Resident of Mohalla -

Shikshak Colony, Bikramganj, P.S. - Bikramganj, District - Rohtas ... ... Respondent/s ======================================================

Appearance :

For the Appellant/s : Mr. Ajay Kumar Thakur, Advocate Md. Imteyz Ahmad, Advocate Mr. Ritwik Thakur, Advocate Mrs. Vaishnavi Singh, Advocate For the Respondent/s : Mr. Satya Narayan Prasad, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD and HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

11 18-02-2026 Heard learned counsel for the appellant and learned Additional Public Prosecutor for the State. Although the informant as respondent No.2 had entered appearance in this case, no one has turned up to oppose the prayer of the appellant.

2. Records have been placed before this Court to consider the prayer of the appellant for suspension of his sentence and release on bail during pendency of the appeal.

3. The appellant has been convicted vide judgment dated 09.07.2024 and sentenced vide order dated 16.07.2024 in connection with POCSO Case No. 75/2018 arising out of Bikramganj P.S. Case No. 444 of 2018 passed by learned 7^th Additional District and Sessions Judge-cum-Exclusive Special Judge (POCSO), Rohtas at Sasaram, for the offence punishable under Section 376 of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the ‘POCSO Act’). He has been ordered to undergo rigorous imprisonment of twelve years with a fine of Rs.50,000/- for the offence under Section 4 of the POCSO Act and in default of payment of fine, he shall further undergo rigorous imprisonment for six months.

4. The prosecution story is based on a written information submitted by the father (P.W.3) of the victim girl. In his written information given on 10.10.2018 to the police station, P.W.3 has stated as under :

That the daughter of informant was studying in a coaching in Bikramganj Police Station area in Anjavit Singh College Road In her coaching, one Anshu Kumar was also studying with her. His daughter used to go to the coaching after crossing the house of Anshu Kumar, during which the relative of Anshu Kumar, namely, Sushil Kumar (appellant), used to watch her. One day, about three months ago, when she was returning to the house then the appellant caught his daughter’s hand and took her in the house and after locking her inside asked Anshu Kumar to close the gate from outside and he also gave instruction that upon his call he should come. Thereafter, appellant committed wrong with his daughter and gave her medicine and also threatened her not to disclose about it to anyone. One day, his daughter was going to deposit money in the coaching centre, where the accused snatched Rs.5000/- from her and asked her to go home. Thereafter, on 06.06.2018, when his daughter was going to withdraw money from the bank, the accused came there and asked her to handover the withdrawn money to him, which was Rs. 4000/-, and thereafter sent her home and in this manner, the accused was torturing his daughter and finally his daughter disclosed about the matter to him and he contacted the appellant on telephone, but the appellant threatened him by saying that he may do whatever he wants. The appellant further threatened that he will be ruined and thereafter he wrote the present written report.

5. Learned counsel for the appellant submits that altho