Ragini Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

SLA No.13 of 2019 In CRIMINAL REVISION No.715 of 2017 Arising Out of PS. Case No.-2010 Year-2004 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Ragini Devi, Wife of Binod Kumar Singh, Daughter of Deo Nandan Chaudhary, Resident of Village - Bisunpur Mandal, P.S. Kudhani, District - Muzaffarpur, presently reside at Mohalla - Fardogola Sir Ganesh Dutt Nagar, P.S. Sadar, District - Muzaffarpur.

... ... Appellant/s

Versus

1.

The State of Bihar.

2.

Vinod Kumar Singh, Son of Lachchandeo Singh, Resident of Village - Chakrashul, P.S. and District - Vaishali.

3.

Lachchandeo Singh, Son of Late Ramdhari Singh, Resident of Village - Chakrashul, P.S. and District - Vaishali.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Nachiketa Jha For the Respondent/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL JUDGMENT Date : 08-08-2019 Heard the parties.

2. This Special Leave to Appeal has been filed on behalf of the appellant under Section 378(4) of the Code of Criminal Procedure, seeking leave to file appeal against the Judgment dated 30.05.2017 passed in Criminal Appeal No. 24 of 2012, whereby and whereunder, the learned Additional Sessions Judge-VII, Muzaffarpur set aside the Judgment and order dated 29.02.2012 passed in Complaint Case No. 2010 of 2004, Trial No. 551 of 2012, whereby and whereunder, S.D.J.M. (East), Muzaffarpur,

Patna High Court SLA No.13 of 2019 dt.08-08-2019 2/2 convicted the opposite party nos. 2 and 3 under Section 498A of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for two years and fine of Rs.2000/- each and opposite party no.2 was further convicted under Section 494 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment of three years and fine of Rs.2000/- with further that in default of payment of fine to undergo simple imprisonment of one month.

3. Having heard the learned counsel for the appellant and the opposite party and perused the impugned Judgment passed by the trial court and the appellate court, leave is granted to the appellant to file the appeal against the Judgment dated 30.05.2017 passed in Criminal Appeal No. 24 of 2012 by the court of learned Additional Sessions Judge-VII, Muzaffarpur. The appellant must file appeal within 30 days, failing which no appeal shall be entertained against the aforesaid Judgments. Accordingly, this Special Leave to Appeal (SLA) stands allowed. (Rajendra Kumar Mishra, J) Bhardwaj/- AFR/NAFR CAV DATE Uploading Date 19.08.2019 Transmission Date 19.08.2019