Muneshwar Ravidas @ Bhuneshwar Ravidas v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2427 of 2019 Arising Out of PS. Case No.-44 Year-2015 Thana- AUANGARI District- Nalanda ====================================================== LALKESHWAR RAVIDAS Son of Muneshwar Ravidas @ Bhuneshwar Ravidas Resident of Village - Rasisa, P.S.- Aungari (Pirbigha O.P), Dist.- Nalanda.
... ... Appellant/s
Versus
The State of Bihar Bihar ... ... Respondent/s ====================================================== with CRIMINAL APPEAL (SJ) No. 1670 of 2019 Arising Out of PS. Case No.-44 Year-2015 Thana- AUANGARI District- Nalanda ====================================================== 1.
MUNESHWAR RAVIDAS @ BHUNESHWAR RAVIDAS Son of Late Daso Ravidas, Resident of Village- Rasisa, Police Station- Aungari (Pirbigha O.P.) District- Nalanda.
2.
Rajmuni Devi, W/O Muneshwar Ravidas @ Bhuneshwar Ravidas, Resident of Village- Rasisa, Police Station- Aungari (Pirbigha O.P.) District- Nalanda. ... ... Appellant/s
Versus
The State of Bihar Bihar ... ... Respondent/s ====================================================== Appearance :
(In CRIMINAL APPEAL (SJ) No. 2427 of 2019) For the Appellant/s :
Mr.Sunil Prasad For the Respondent/s :
Mr.Sujit Kumar Singh (In CRIMINAL APPEAL (SJ) No. 1670 of 2019) For the Appellant/s :
Mr.Sunil Prasad For the Respondent/s :
Mr.Zeyaul Hoda ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-11-2019 The appellant Lalkeshwar Ravidas in Cr.Appeal(SJ) No. 2427 of 2019 is the husband of the deceased and appellants Muneshwar Ravidas @ Bhuneshwar Ravidas and Rajmuni Devi in Cr.Appeal(SJ) No. 1670 of 2019 are father-in-law and
Patna High Court CR. APP (SJ) No.2427 of 2019(4) dt.26-11-2019 2/3 mother-in-law of the deceased and appellant husband has been convicted and sentenced under Section 304B IPC to undergo R.I. for ten years, whereas appellants father-in-law and motherin-law have been convicted and sentenced under Section 304B IPC to undergo R.I. for seven years.
Both the appeals have come under the heading 'For Orders' for consideration of bail of the appellants on admission and on receipt of L.C.R.
The ground for consideration of bail is that there is no independent witness in this case all the witnesses are family members of the informant and appellants have also examined defence witnesss, who have not supported the demand of dowry and moreover appellants in Cr.Misc.No. 1670 of 2019 are aged 70 and 65 years respectively and they are in custody since the date of judgment, i.e., for about eight months and even appellant Lalkeshwar Ravidas was in custody earlier to the judgment also since 29.9.2015 and as such he has remained in custody altogether for about 4 and a half years.
Heard learned APP, who has opposed the prayer for bail on the ground that learned trial court after discussing the evidence available on the record has found the appellants guilty under Section 304B IPC and as such they do not deserve bail.
Patna High Court CR. APP (SJ) No.2427 of 2019(4) dt.26-11-2019 3/3 In view of above facts and circumstances, so far appellant Lalkeshwar Ravidas is concerned, I am not inclined to grant him bail at this stage, as such his prayer for bail is rejected with liberty to renew his prayer for bail if the appeal is not taken up for hearing within a period of one year.
So far appellants Muneshwar Ravidas @ Bhuneshwar Ravidas and Rajmuni Devi are concerned, they are directed to be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each in connection with Sessions Trial No. 548 of 2016, arising out of Aungari P. S. Case No. 44 of 2015, to the satisfaction of Additional District and Sessions Judge-I, Hilsa, Nalanda during the pendency of the appeal.
(Vinod Kumar Sinha, J) spal/- U T