Patna High CourtCR. APP (SJ)/1618/2024allowed

Shankar Prasad v. The State Of Bihar

2025-04-03Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1618 of 2024 Arising Out of PS. Case No.-110 Year-2013 Thana- PAKARIBARAW District- Nawada ====================================================== Shankar Prasad S/o Late Kishori Prasad R/o vill - Dhamaul, P.s. - Pakri Barawa, Distt. - Nawada ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Pramod Kumar For the Respondent/s :

Mrs. Abha Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 03-04-2025 Heard learned counsel for the appellant and the learned APP for the State.

2. This appeal has been filed against the judgment of conviction and order of sentence dated 20.02.2024/28.02.2024 passed by Addl. Sessions Judge-VIII, Patna in Sessions Trial Case No. 368/2018 by which the appellant was found guilty for having committed the offence punishable under section 304B of the I.P.C. and he has been sentenced to undergo rigorous imprisonment for ten years and a fine of Rs. 50,000/- for offence under section 304B of the I.P.C. in default to undergo further sentence of two months.

3. Learned counsel for the appellant has submitted that the appellant is the father-in-law of the deceased and has remained in custody as under trial for 5 years 6 months and 26 days and after conviction he has remained in custody from

Patna High Court CR. APP (SJ) No.1618 of 2024(6) dt.03-04-2025 2/2 28.02.2024 till today i.e. total period of custody of the appellant is more than six years.

4. Considering the period of custody, the sentence of the appellant is suspended and he is directed to be released forthwith on bail furnishing bail bond of Rs. 10,000/-

5. The custody certificate furnished by the learned counsel for the appellant under the signature of the Superintendent, Modern Central Prison Jail, Beur, Patna is kept on record.

6. Let a copy of this order be dispatched to the Superintendent of concerned Jail forthwith for compliance.

7. The judgment of conviction and order of sentence dated 20.02.2024/28.02.2024 passed by Addl. Sessions JudgeVIII, Patna in Sessions Trial Case No. 368/2018 is hereby quashed.

(Sandeep Kumar, J) Ranjeet/- U T