Vikash Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2079 of 2017 Arising Out of PS. Case No.-204 Year-2014 Thana- BIHTA District- Patna ====================================================== Vikash Raj Son of Ravindra Prasad @ Ravindra Kumar Sinha @ Ravindra Rai, Resident of village- Mauja Neora Kumhar Toli, Police Station- Bihta, District- Patna.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Vishwanath Prasad Singh, Sr. Advocate Mr. Vibhuti Ranjan Sonvadra, Advocate For the Respondent/s :

Mr. Sri Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 22-02-2021 I.A. No. 4 of 2021 Heard Mr. Vishwanath Prasad Singh, learned Senior Advocate for the appellant and Mr. Abhay Kumar, learned APP for the State.

by way of the present Interlocutory Application, the appellant seeks bail, during the pendency of the appeal, in connection with Sessions Trial No. 925 of 2014, arising out of Bihta P.S. Case No. 204 of 2014 instituted for the offences under Sections 304B and 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

The appellant/petitioner is the husband of the deceased who has been convicted under Section 304B and 498 of the Indian Penal Code as well as Section 4 of

Patna High Court CR. APP (SJ) No.2079 of 2017(8) dt.22-02-2021 2/3 the Dowry Prohibition Act and has been sentenced to undergo R.I. for ten years for the offences under Section 304B IPC; imprisonment for three years for offence under Section 498A IPC along with fine of Rs. 1000/- with a default clause of imprisonment for one month and R.I. for one year, a fine of Rs. 5000/- and in defalut imprisonment for six months for the offence under Section 4 of the Dowry Prohibition Act. The sentences have been directed to run concurrently.

The appeal of the applicant was admitted but the prayer for bail was rejected. Again a prayer was made for grant of bail during the pendency of the appeal which too was rejected vide order dated 09.02.2020. Again an application was filed for grant of bail during the pendency of the appeal but vide order dated 26.02.2020, the Court gave the liberty to the petitioner to make a mention before Hon'ble the Chief Justice for fixing a date for early hearing of the case.

The appellant is in custody for four years and eight months.

Mr. Singh, learned Senior Advocate for the appellant has submitted that because of the COVID-19 Pandemic, hearing matters are not being taken up. He has further submitted that since the appellant has already spent almost half of the sentence, he be

Patna High Court CR. APP (SJ) No.2079 of 2017(8) dt.22-02-2021 3/3 released on bail during the pendency of the appeal. Considering the submissions advanced on behalf of the appellant/applicant he is directed to be released on bail, during the pendency of the appeal, on his furnishing bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VIIth Danapur (Patna)/concerned trial court in connection with Sessions Trial No. 925 of 2014, arising out of Bihta P.S. Case No. 204 of 2014.

(Ashutosh Kumar, J) krishna/- U T