Patna High Court - Orders
Suraj Kumar Yadav vs The State Of Bihar on 16 February, 2024
Author: Ashutosh Kumar
Bench: Ashutosh Kumar, A. Abhishek Reddy
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.385 of 2022
Arising Out of PS. Case No.-337 Year-2018 Thana- SAHEBPUR KAMAL District-
Begusarai
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SURAJ KUMAR YADAV SON OF PRAMOD YADAV RESIDENT OF
VILLAGE- HUSAINICHAK , P.S- BALIA , DIST- BEGUSARAI
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. N.K. Agarwal, Sr. Adv.
For the Respondent/s : Mr.Ajay Mishra, APP
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
and
HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)
14 16-02-2024Heard Mr. N. K. Agrawal, the learned Senior Advocate for the Appellant/Applicant and Mr. Ajay Mishra, the learned Additional Public Prosecutor for the State.
2. The written objection on behalf of the State is on record.
3. The appellant/applicant is the husband of the deceased, who has been convicted under Section 302 of the Indian Penal Code and has been sentenced to undergo R.I. for life along with a fine of Rs. 20,000/- Patna High Court CR. APP (DB) No.385 of 2022(14) dt.16-02-2024 2/5 vide judgment and order dated 13.04.2022 / 20.04.2022 passed by the learned Additional Sessions Judge-IX, Begusarai in Sessions Trial No. 406/2019 arising out of Sahebpur Kamal P.S. Case No. 337/2018.
4. As the prosecution story unfolds, the deceased was married to the appellant/applicant a year ago. However, they were not living as man and wife for the reason that some demand of the husband/Appellant and his parents were not fulfilled. However, the appellant is alleged to be on visiting terms. Whenever he came to the parental home to the deceased, he would call the deceased telephonically and thereafter, return to his home.
5. On one day, the appellant is said to have over-stayed and went out of the house along with the deceased and thereafter, the appellant was not to be heard of.
6. Later, the dead body of the deceased was found abandoned in the field by her father, who is the Patna High Court CR. APP (DB) No.385 of 2022(14) dt.16-02-2024 3/5 informant of this case and has been examined as P.W.-
4.
7. Though the factum of the appellant having visited the house of the deceased a night before has been supported by the other relatives of the deceased including P.W.-1, but in the event of there being no conviction under Section 304B, Mr. Agarwal, learned Senior Advocate has pressed for suspension of the sentence on the ground that nobody had seen the appellant going out in the night for attending to the call of nature along with his wife. This story also, as argued, does not appear to be probable that a married couple would go out together for the purposes of attending to the call of nature. During the cross-examination, P.W.4 (father of the deceased) made a prevaricating statement that he learnt later that the appellant had left for his home in the night only. He knew the habits of his daughter (deceased), who was very fond of wearing jewellery and going out of the house quite often. Patna High Court CR. APP (DB) No.385 of 2022(14) dt.16-02-2024 4/5
8. Even otherwise, there does not appear to be any witness who had seen the appellant going out in the night along with the deceased.
9. There is a mark of strangulation on the body of the deceased.
10. Though the post-mortem injuries do not prima facie appear to be self inflicted but considering the shaky evidence against the appellant and also taking into account that he is in custody since 07.12.201, we are inclined to suspend his sentence.
11. We order accordingly.
12. While saying so, we have also taken note of the fact that there are little chances of this appeal being heard in near future.
13. Let the appellant be released on bail on his furnish bond on sum of Rs. 10,000/- (Rs. Ten Thousand) with two sureties of like amount each to the satisfaction of the learned Additional Sessions Judge-IX, Begusarai in connection with Sessions Trial No. Patna High Court CR. APP (DB) No.385 of 2022(14) dt.16-02-2024 5/5 406/2019 arising out of Sahebpur Kamal P.S. Case No. 337/2018
14. The amount of fine imposed upon the appellant shall also remain stayed in the meanwhile (Ashutosh Kumar, J) ( A. Abhishek Reddy , J) Sunilkumar/-
Shakir U T