Patna High Court - Orders
Md. Sahrukh @ Sahrukh Mansoori vs The State Of Bihar on 15 February, 2018
Author: Rakesh Kumar
Bench: Rakesh Kumar, Arvind Srivastava
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (DB) No. 464 of 2017
Arising Out of PS. Case No.-70 Year-2015 Thana- Sanhaulla District- Bhagalpur
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Md. Sahrukh @ Sahrukh Mansoori S/o Md. Ijrail, resident of village -
Asrafnagar, P.S. Sanhaulla, Distt. - Bhagalpur.
... ... Appellant
Versus
The State of Bihar
... ... Respondent
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Appearance :
For the Appellant/s : Mr. Manohar Prasad Singh
For the Respondent/s : Mr. Ashwani Kumar Sinha
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CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR
and
HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE RAKESH KUMAR)
3. 15-02-2018I.A. No. 148 of 2018 Heard Sri Manohar Prasad Singh, learned counsel for the appellant and Sri Ashwani Kumar Sinha, learned Addl. Public Prosecutor on interlocutory application i.e. I.A. No. 148 of 2018, which has been filed under Section 489 of the Code of Criminal Procedure, 1973 read with Sections 7A and 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000, in which, two distinct reliefs have been sought for.
Learned counsel for the appellant submits that this Court may consider the prayer for suspension of sentence and grant bail and also consider the claim of juvenility of the appellant.
However, before the court below, no plea of juvenility was taken and at this stage, such prayer has been made. The Patna High Court CR. APP (DB) No.464 of 2017(3) dt.15-02-2018 2/2 request for juvenility shall be considered at the time of hearing of the appeal.
So far as prayer for suspension of sentence is concerned, the appellant alongwith his mother was convicted and sentenced for offence under Sections 302/34 and 304(B)/34 of the Indian Penal Code and there is evidence against the appellant that he alongwith his mother sprinkled kerosene oil on the deceased and she was set on fire. It is true that appellant is not the husband of the deceased, but he is younger brother of the husband of the deceased. Only these two persons were put on trial. The mother of the appellant had also filed an appeal, vide Cr. Appeal (DB) No. 408 of 2017, which was admitted on 28-08-2017, however; the prayer for bail of his mother Bibi Kaili Khatoon was rejected on the same date i.e. 28-08-2017.
Since the appellant's case stands on similar footing, there is no reason to pass a different order.
The prayer for bail stands rejected.
(Rakesh Kumar, J.)
( Arvind Srivastava, J.)
anay
U T