Patna High Court - Orders
Ramadhar Thakur vs The State Of Bihar on 20 January, 2020
Author: Ashwani Kumar Singh
Bench: Ashwani Kumar Singh, Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.479 of 2018
Arising Out of PS. Case No.-406 Year-2013 Thana- RUNISAIDPUR District- Sitamarhi
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Ramadhar Thakur, Son of Indal Thakur, R/o Village-Manik Chowk, Tole,
Dhakjari, P.S.- Runnisaidpur, District- Sitamarhi.
... ... Appellant
Versus
The State of Bihar
... ... Respondent
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Appearance :
For the Appellant/s : Mr. Ashok Kumar Jha, Advocate
For the Respondent/s : Mr. Ashwani Kumar Sinha, Advocate
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CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH)
5 20-01-2020Heard learned counsel for the appellant and learned counsel for the State being assisted by the learned counsel for the informant.
Despite the appeal containing prayer made under Section 389(1) of the Code of Criminal Procedure was filed on 19.04.2018 after serving an advance copy of the memo of appeal upon the State, no written show cause opposing the prayer for bail on behalf of the State has been filed till date.
The appellant has been convicted under Section 302 read with 34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and to pay a fine of Patna High Court CR. APP (DB) No.479 of 2018(5) dt.20-01-2020 2/4 Rs.50,000/- and in default to undergo simple imprisonment for six months.
Learned counsel appearing for the appellant submitted that though the case of the prosecution is that Yogi Thakur, Keshav Thakur, Gulshan Thakur, Randhir Thakur, Rajesh Thakur, Ravindra Sah and Ramadhar Thakur having lathi in their hands assaulted the daughter-in-law of the informant as a result of which she died, the postmortem examination report of the victim exhibited in course of trial would reflect that the victim had sustained only three injuries i.e. (i) lacerated wound 2½"x ½" x scalp deep on occipital region; (ii) lacerated wound 2" x ¼" x scalp deep over occipital region; and (iii) swelling of left eye and swelling of forehead on left side. The doctor admitted during cross- examination that the injuries on the person of the deceased could have been caused due to fall on hard substance. He submitted that the story of indiscriminate assault by the accused person does not find support from the medical evidence adduced during trial. He has further contended that by now the appellant has remained in custody for over six years and there is no likelihood of the appeal being taken up for hearing in near Patna High Court CR. APP (DB) No.479 of 2018(5) dt.20-01-2020 3/4 future.
Opposing the application preferred under Section 389(1) of the Code of Criminal Procedure, learned counsel appearing for the informant submitted that the bail application of co-convict Ravindra Sah has been refused by a Division Bench of this Court vide order dated 08.01.2020. He submitted that the case of the appellant stands on identical footing to that of the appellant Ravindra Sah.
In reply, learned counsel for the appellant submitted that co-convict Ravindra Sah was all along on bail during trial whereas the appellant continued to remain in jail during trial and has completed six years of imprisonment by now.
Regard being had to the materials on record as also the detention of the appellant for over six years, we are inclined to grant him bail. During pendency of the appeal, the appellant is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1 st Additional Sessions Judge, Sitamarhi in Sessions Trial No.21 of 2015 + 22 of 2015/57 of 2016 registration no.39 of 2015 + 40 of 2015 arising out of Runnisaidpur P.S. Case No.406 of 2013 subject to Patna High Court CR. APP (DB) No.479 of 2018(5) dt.20-01-2020 4/4 payment of fine awarded by the trial court as part of sentence.
(Ashwani Kumar Singh, J.) ( Partha Sarthy, J.) Sanjeet/-
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