Patna High Court - Orders
Rita Devi vs The State Of Bihar on 2 February, 2024
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1876 of 2023
Arising Out of PS. Case No.-186 Year-2002 Thana- PHULWARISHARIF District- Patna
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Anand Kumar Son of Ramvijay Singh @ Ranvijay Singh R/O Village-
Brahmpur, P.S.- Phulwarisharif, District- Patna
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
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with
CRIMINAL APPEAL (SJ) No. 1829 of 2023
Arising Out of PS. Case No.-186 Year-2002 Thana- PHULWARISHARIF District- Patna
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1. Rita Devi Wife of Ram Vijay Singh @ Ran Vijay Singh Resident Of Village-
Brahmpur, Ps- Phulwarisharif Distt- Patna
2. Ram Vijay Singh @ Ran Vijay Singh Son of Late Ram Ratan Singh
Resident Of Village- Brahmpur, Ps- Phulwarisharif Distt- Patna
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
(In CRIMINAL APPEAL (SJ) No. 1876 of 2023)
For the Appellant/s : Mr. N.K. Agrawal, Sr. Advocate
: Mr. Sudhir Kumar Sinha, Advocate
For the Respondent/s : Mr. Syed Ashfaque Ahmad, APP
For the Informant : Mr. Rajeev Kumar, Advocate
(In CRIMINAL APPEAL (SJ) No. 1829 of 2023)
For the Appellant/s : Mr. N.K. Agrawal, Sr. Advocate
: Mr. Sudhir Kumar Sinha, Advocate
: Ms. Diksha Kumari, Advocate
: Mr. Anil Kumar Sinha, Advocate
For the Respondent/s : Mr. Bal Mukund Prasad Sinha, APP
For the Informant : Mr. Rajeev Kumar, Advocate
: Mr. Shudhir Kumar, Advocate
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Patna High Court CR. APP (SJ) No.1876 of 2023(6) dt.02-02-2024
2/6
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
6 02-02-2024
CRIMINAL APPEAL (SJ) No.1876 of 2023 As prayed for, re-notify this case on 15.02.2024. CRIMINAL APPEAL (SJ) No. 1829 of 2023 Heard learned counsel appearing on behalf of the parties.
2. The present matter is taken on board for considering prayer of bail and suspension of sentence of above named accused/appellant during pendency of appeal under Section 389 (1) of the Code of Criminal Procedure (in short Cr.P.C.).
3. The appellants have been convicted by the judgment of conviction dated 18.03.2023 and order of sentence dated 28.03.2023 passed by learned Additional Sessions Judge- XVI, Patna in Sessions Trial No. 617 of 2004 (arising out of Phulwarisharif P.S. Case No. 186 of 2002), whereby appellants Patna High Court CR. APP (SJ) No.1876 of 2023(6) dt.02-02-2024 3/6 have been convicted under Sections 304 B/34, 498 A/34 & 328/34 of the Indian Penal Code (hereinafter referred to as 'IPC') and appellants have been sentenced to undergo rigorous imprisonment for seven years each for the offence punishable under Section 304 B/34 of the IPC, rigorous imprisonment for two years and fine of Rs. 10,000/- and in default of payment of fine, further undergo simple imprisonment for three months for the offence punishable under Section 498 A/34 of the IPC and rigorous imprisonment for seven years and fine of Rs. 50,000/- and in default of payment of fine, further undergo simple imprisonment for one year for the offence punishable under Section 328 A/34 of the IPC. All sentences shall run concurrently.
4. Learned senior counsel for the appellants submitted that both appellants are in-laws (father-in-law & mother-in-law) of the deceased. It is submitted from the deposition of informant/P.W. 3, who is mother of deceased that appellants (in- laws) were not in controlling position of the domestic affairs. It is submitted that deceased was a lady of short temper and out of normal and family frustration she committed suicide by consuming 'thymite' which is a pesticide generally used for preserving grains. It is submitted from the deposition of P.W. Patna High Court CR. APP (SJ) No.1876 of 2023(6) dt.02-02-2024 4/6 5/doctor that deceased was not assaulted physically soon before her death as no injury was noticed upon body of deceased. It is further submitted by learned counsel from the depositions of P.W. 1, P.W. 2 & P.W. 3 that it cannot be said, prima facie, whether demand of dowry as alleged was made soon before the occurrence out of which the present death took place and merely by importing provisions of Section 113 B of the Indian Evidence Act conviction rendered by learned Trial Court under Section 304 B of the IPC is appearing bad in eyes of law.
5. It is submitted by learned senior counsel that appellants being in-laws were all along bail during the course of trial and were taken in custody on the date of judgment upon conviction i.e., 28.03.2023. It is further submitted that appeal is of 2023 and is not likely to be listed for final hearing in the near future and on this score only appellant deserves bail. In support of his submissions learned counsel relied upon the legal report of Full Bench of this Court as held in the matter of Anurag Baitha v. State of Bihar, reported in AIR 1987 Pat 274 (FB) :
1987 PLJR 485 (FB).
6. Learned APP duly assisted by learned counsel for the informant, while opposing the prayer of bail submitted that prosecution witnesses including P.W. 3 categorically stated that Patna High Court CR. APP (SJ) No.1876 of 2023(6) dt.02-02-2024 5/6 appellants/accused were demanding dowry and were continuously torturing her daughter due to non-fulfillment of demand of dowry as raised for cash of Rs. 1 Lakh and 1 Katha of land.
7. In view of above discussed factual submissions and by taking note of testimony of informant/P.W. 3 in totality, where no external injuries appears to be noticed by P.W. 5/doctor, who conducted autopsy upon deceased, where this appeal is not likely to be taken up for final hearing in the near future, accordingly, both accused/appellants, above named, are directed to be released on bail in connection with Sessions Trial No. 617 of 2004 (arising out of Phulwarisharif P.S. Case No. 186 of 2002) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned learned Additional Sessions Judge-XVI, Patna/concerned Court, during pendency of appeal.
8. Sentence of imprisonment imposed on the appellant is suspended till disposal of the appeal and recovery of fine be also kept in abeyance.
9. Appellant shall co-operate in disposal of this appeal.
10. Observations, as regard to merit, if any, shall be of Patna High Court CR. APP (SJ) No.1876 of 2023(6) dt.02-02-2024 6/6 no bearing while final hearing of this appeal.
11. Re-notify this case as per its own seriatim for hearing.
(Chandra Shekhar Jha, J.) S.Tripathi/-
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