Patna High CourtCR. REV./1400/2011allowed

Ranbir Kumar @ Ranbir Kumar Singh v. The State Of Bihar

2015-03-31Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.1400 of 2011 =========================================================== Ranbir Kumar @ Ranbir Kumar Singh, son of Brahmadeo Singh, resident of Bihari Sao Lane, P.S. Pirbahore, Distt. Patna.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Shailesh Kumar Singh, Adv. Mr. Ujjwal Kumar Sinha, Adv.

For the State : Mr. Ashok Kumar Singh, A.P.P. =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 31-03-2015 Heard learned counsel for the Petitioner and the State. The Petitioner seeks revision of the order dated 11.1.2010 by which the A.D.J. VII, Patna, in Criminal Appeal No. 119 of 1992 modified the sentence to filing personal bonds of Rs.2,000/- for a period of one year.

The case of the Prosecution was that on the date of occurrence, one student and outsider were found teasing the girls student inside the practical class room at which one boy was caught on the spot. He disclosed the name of the co-accused who was the present Petitioner.

It has been submitted that not a single girl student supported the case of teasing by the Petitioner and apart from confessional statement of the co-accused there is no further material

Patna High Court CR. REV. No.1400 of 2011 dt.30-03-2015 2/2 against him. He has not even been put on Test Identification Parade nor has the Investigating Officer been examined. The learned A.P.P. has gone through the lower court records and is not in a position to refute the aforesaid submission. Hence, the application is allowed and the order dated 11.1.2010 passed by A.D.J. VII, Patna, in Criminal Appeal No. 119 of 1992 as also the Judgment and order dated 13.7.1992 passed by the Judicial Magistrate, 1st Class, Patna, in Cr. Trial No. 5 of 1992 are hereby set aside.

(Anjana Prakash, J) S.Ali/- U