IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) No.66 of 2025 Arising Out of PS. Case No.-45 Year-2023 Thana- MARANCHI District- Patna ======================================================

Amritesh Jha @ Bittu Kumar Son of Shankar Jha @ Shankar Kumar Jha R/O Village - Pachmahla, P.S- Maranchi, (Pachmahla O P), District - Patna ... ... Appellant Versus The State of Bihar ... ... Respondent ======================================================

with CRIMINAL APPEAL (DB) No. 90 of 2025 Arising Out of PS. Case No.-45 Year-2023 Thana- MARANCHI District- Patna ======================================================

Sanjeev Kumar Singh @ Manjhi Singh @ Sanjeev Kumar S/o- Radheshyam Singh R/o- Panchmahla Maranchi Ps- Panchmahla Dist- Patna ... ... Appellant Versus

1. The State of Bihar

2. Victim X ... ... Respondent ======================================================

Appearance :

(In CRIMINAL APPEAL (DB) No. 66 of 2025)

For the Appellant/s : Mr. Arun Kumar, Advocate Mr. Raghubir Chandra Yadav, Advocate Mr. Satyam Kumar, Advocate For the State : Mr. Bipin Kumar, APP (In CRIMINAL APPEAL (DB) No. 90 of 2025)

For the Appellant/s : Mr. Prince Kumar Mishra, Advocate Ms. Priyanka Kumari, Advocate For the State : Mr. Bipin Kumar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD and HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

9 13-03-2026 Heard learned counsel for the appellants and learned Additional Public Prosecutor for the State.

2. Earlier, we had issued notice to the informant-

respondent no.2, who has been served, but she has chosen not to enter appearance in this case.

3. The two appellants in this case are seeking suspension of their sentence and release on bail during pendency of the appeal.

4. The appellants have been convicted vide judgment dated 11.12.2024 in Special (POCSO) Case No.101 of 2023 (arising out of Maranchi P.S. Case No.45 of 2023), for the offences under Section 376D of the Indian Penal Code (hereinafter referred to as the ‘I.P.C.’) and Section 6 of POCSO Act. They have been directed to undergo rigorous imprisonment for 20 years with a fine of Rs.15,000/- for the offence punishable under Section 6 of the POCSO Act and in default of payment of the same, he has been directed to further undergo simple imprisonment for one year.

5. The prosecution case is based on the fardbeyan of the victim (X), aged about 17 years at the time of occurrence. The allegation against these two appellants is that when the victim girl had gone outside her house on 03.04.2023 at about 9:00 p.m. (night) to ease out, these two appellants along with others gagged her mouth and tied whereafter she was brought near the Chimny, Bhata of the village and all the four started indecent act with her. She alleged that accused Vikash Kumar (not before this Court) had forcibly committed rape on her whereas three accused persons including these appellants holding her hands and legs. Thereafter, she was going back to her house and say, started feeling darkness in front of her eyes. At this stage, she took out her mobile phone and gave a call to her house and became unconscious whereafter she found herself in the Referral Hospital, Barahiya.

6. Learned counsel for the appellants submits that the fardbeyan of the victim is said to have been recorded on 04.04.2023 and was forwarded to the police station where it was registered as Maranchi P.S. Case No. 45 of 2023.

7. At the outset, learned counsel submits that so far as these two appellants are concerned, there is no allegation at all alleging that they had involved in commission of rape upon victim. The medical evidence, which has been brought on record through doctor P.W.4, completely rules out any sexual assault on the victim. The general examination of the victim would show no injury over her whole body or her private part. The radio- logical report shows that there is evidence of epiphysic