Patna High Court - Orders
Mewalal Sah And Anr vs The State Of Bihar on 19 June, 2019
Bench: Hemant Kumar Srivastava, Rajendra Kumar Mishra
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.746 of 2018
Arising Out of PS. Case No.-3 Year-2009 Thana- KADWA District- Katihar
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1. Mewalal Sah, S/o Late Nageshwar Sah
2. Chhotu Sah, S/o Mewalal Sah, both are resident of village - Sonaili, P.S. -
Kodwa, District - Katihar.
... ... Appellants
Versus
The State Of Bihar
... ... Respondent
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Appearance :
For the Appellant/s : Mr. Suresh Prasad Sah @ Baranwal, Adv.
Mr. Shagir Ahmad, Adv.
For the Respondent/s : Mrs. Shashi Bala Verma, A.P.P.
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CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR
SRIVASTAVA
and
HONOURABLE MR. JUSTICE RAJENDRA KUMAR
MISHRA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE HEMANT KUMAR
SRIVASTAVA)
4 19-06-2019I.A. No. 01 of 2019 has been filed on behalf of the appellants praying therein for grant of bail.
Heard learned counsel of the appellants as well as learned Additional Public Prosecutor for the State on I.A. No. 01 of 2019.
Appellants are father-in-law and brother-in-law of the deceased respectively and according to prosecution case, deceased gave her ferdbeyan in injured condition at hospital on 07.01.2009 and in her ferdbeyan, she claimed that on 05.01.2009 the appellants had poured kerosene oil and lit fire on Patna High Court CR. APP (DB) No.746 of 2018(4) dt.19-06-2019 2/3 her body. However, in course of treatment, deceased died on 13.01.2009.
Learned counsel appearing for the appellants submits that entire prosecution case is based upon so-called dying declaration of the deceased. He submits that as a matter of fact, the ferdbeyan is manufactured and antedated document. He further submits that ferdbeyan of deceased contains signature of his brother who has been examined as PW-7 and in course of trial, PW-7 claimed that his signature was taken by the police on plain paper. He further submits that aforesaid statement of PW-7 completely belies the case of the prosecution. He further submits that postmortem report of the deceased goes to show that she had sustained near about 90% burn injuries and police did not take any certificate from the concerned doctor before recording her statement and apart from this, the ferdbeyan of the deceased was put up before the concerned court on 09.01.2009 and no explanation regarding the aforesaid delay has been given by the prosecution. He further submits that moreover, in view of the statement of PW-7, the so-called dying declaration of the deceased appears to be doubtful.
Although, learned Additional Public Prosecutor opposed the bail prayer but considering the above stated Patna High Court CR. APP (DB) No.746 of 2018(4) dt.19-06-2019 3/3 submissions as well as facts and circumstances of the case, the appellants, above named, are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, F.T.C. No. 1, Katihar in connection with Sessions Trial No. 123 of 2010/ General Registration No. 67 of 2009 arising out of Kadwa P.S. Case No. 03 of 2009, till final disposal of this criminal appeal.
In the aforesaid manner, I.A. No. 01 of 2019 stands disposed of.
(Hemant Kumar Srivastava, J) ( Rajendra Kumar Mishra, J) shahzad/-
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