Amardeep Kumar @ Sonu Kumar @ Kumar Amardeep @ Sonu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.227 of 2020 Arising Out of PS. Case No.-3522 Year-2010 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== Amardeep Kumar @ Sonu Kumar @ Kumar Amardeep @ Sonu Kumar S/o Arun Kumar Singh R/o village- Bhamarpur, P.S.- Bihpur, District- Bhagalpur ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Neha Devi W/o Amardeep Kumar @ Sonu Kumar @ Kumar Amardeep @ Sonu, D/o Bijendra Prasad Mehta R/o village- Mahinathpur, P.S.- Korha, District- Katihar ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajendra Prasad Sah, Advocate For the Respondent/s :
Mr. Amit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 29-06-2020 This matter has been taken up through Video Conferencing.
Heard the parties.
This criminal revision, against the order of conviction as well as dismissal of appeal by the lower appellate Court challenging the conviction by the trial Judge, is barred by limitation of two months. The delay is explained in I.A. No.1 of 2020. The conviction has been recorded under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.
The delay in filing of this criminal revision
Patna High Court CR. REV. No.227 of 2020(2) dt.29-06-2020 2/2 application is hereby condoned.
This criminal revision application is admitted for hearing.
Call for the lower court records of Trial No.2087 of 2014 arising out of Complaint Case No.3522 of 2010 as well as the records of Cr. Appeal No.44 of 2014 from the Court of 7th Additional Sessions Judge, Katihar.
Submission is that several infirmities in the prosecution case has been ignored by the learned trial Judge as well as learned lower appellate court while dismissing the appeal.
Finding substance in the submission aforesaid, while suspending the sentence passed against the petitioner by the learned trial Court, let the petitioner, named above, during the pendency of the revision petition, be released on bail upon furnishing bail bond of Rs. 20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Katihar, in connection with Tr. No.2087 of 2014, arising out of Complaint Case No.3522 of 2010.
(Birendra Kumar, J) Mkr./- U T