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Patna High CourtCR. APP (SJ)/2077/2017allowed

Arvind Kumar Singh v. The State Of Bihar

2021-03-02Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2077 of 2017 Arising Out of PS. Case No.-28 Year-2014 Thana- AAYAR District- Bhojpur ============================================== Arvind Kumar Singh Son of Krishna Ballabh Singh @ Punjabi, R/o VillageBarnaon, P.S.- Ayar, District- Bhojpur. ... ... Appellant

Versus

The State Of Bihar ... ... Respondent ============================================== Appearance :

For the Appellant/s :

Mr.Anil Kumar Singh For the Respondent/s :

Mr.Sri Shyed Ashfaque Ahmad For the Informant :

Mr. Madanjeet Kumar ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-03-2021 Re: Interlocutory Application No. 2 of 2020.

Heard Mr. Anil Kumar Singh, learned counsel for the appellant and Mr. Madanjeet Kumar, learned counsel for the informant. The State is represented by Mr. Shyed Ashfaque Ahmad, learned APP.

By way of the present Interlocutory Application, the appellant seeks suspension of sentence and grant of bail during the pendency of the appeal.

The appellant is the husband of the deceased. He has been convicted for the offence under Section 304 (B) of the Indian Penal Code and has been sentenced to 10 years rigorous imprisonment, fine of Rs. 50,000/- and in default of payment of fine to suffer further six months simple

Patna High Court CR. APP (SJ) No.2077 of 2017(5) dt.02-03-2021 2/2 imprisonment.

This appeal was admitted on 18.07.2017 but the prayer for suspension of sentence was rejected for the first time on 21.08.2017 and thereafter on 16.04.2019. Though several grounds have been raised in the Interlocutory Application seeking suspension of sentence and grant of bail during the pendency of the appeal but only considering the period of custody of the appellant, which is from 07.04.2014, this Court is inclined to release him on bail during the pendency of the appeal.

The appellant, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 6th Additional Sessions Judge, Bhojpur at Ara, in connection with Sessions Trial No. 301 of 2014 arising out of Ayar P.S. Case No. 28 of 2014. The Interlocutory Application No. 2 of 2020 stands allowed and disposed of.

(Ashutosh Kumar, J) sunilkumar/- U T