Patna High Court - Orders
Sushila Devi And Ors vs The State Of Bihar on 8 April, 2019
Author: Rakesh Kumar
Bench: Rakesh Kumar, Prakash Chandra Jaiswal
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1377 of 2018
Arising Out of PS. Case No.-199 Year-2008 Thana- BALIYA District- Begusarai
======================================================
1. Sushila Devi, wife of Late Damodar Prasad Sah
2. Birendra Kumar Sah @ Birendra Sah
3. Sunil Sah @ Sunil Kumar Sah
Both sons of Late Damodar Prasad Sah and all resident of village- Dandari,
P.S.- Balia, District- Begusarai.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Sri Sushil Kumar, Advocate
Sri Binod Kumar, Advocate
For the Respondent/s : Sri Abhimanyu Sharma , A.P.P.
For the informant : Sri Abul Kalam, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR
and
HONOURABLE MR. JUSTICE PRAKASH CHANDRA
JAISWAL
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE RAKESH KUMAR)
6 08-04-2019Heard Sri Sushil Kumar, learned counsel, assisted by Sri Binod Kumar, learned counsel for three appellants, Sri Abhimanyu Sharma, learned Additional Public Prosecutor as well as Mr. Abul Kalam, learned counsel who has appeared on behalf of the informant.
The appeal has been listed under the heading "For Order" for considering the prayer for bail and suspension of sentence.
Learned counsel for the appellants submits that Patna High Court CR. APP (DB) No.1377 of 2018(6) dt.08-04-2019 2/3 appellants have falsely been implicated in the present case. He submits the informant in the present case is the victim. In her fardbyan she has specifically named other two accused persons however, after lapse of four months, in her statement recorded under Section 164 of the Code Of Criminal Procedure, 1973 the informant implicated the appellants also. On aforesaid grounds a prayer has been made for passing favourable order.
Learned Additional Public Prosecutor as well as Sri Abul Kalam, learned counsel for the informant have opposed the prayer.
Besides hearing we have also perused material on record. Fact remains that during the trial along with appellants other two accused persons were also convicted and they preferred appeal vide Cr. Appeal (DB) No. 1365 of 2018 and a Co-ordinate Bench of this Court considering the fact that prosecution has been able to prove its case beyond all reasonable doubts rejected the prayer for bail of other two co- convicts. So far submission made by learned counsel for the appellants that belatedly appellants have been made accused and convicted, fact remains that during the trial other witnesses have also supported the case that after the occurrence appellants and other two accused persons were seen fleeing away.
Patna High Court CR. APP (DB) No.1377 of 2018(6) dt.08-04-2019 3/3 Considering the fact that it was a case of acid attack on a minor girl, there is no reason to pass favourable order.
The prayer for suspension of sentence and granting bail stands dismissed.
(Rakesh Kumar, J) ( Prakash Chandra Jaiswal, J) praful/-
U T