Kiya Devi @ Kiya Bhagat @ Kiya ... vs The State Of Jharkhand
2022 Latest Caselaw 1468 Jhar

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                           Cr. Appeal (S.J.) No. 118 of 2022
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1. Kiya Devi @ Kiya Bhagat @ Kiya Bhakat @ Kiya Sah

2. Neha Kumari @ Shilpee Rani ...... Appellants Versus The State of Jharkhand ...... Respondent

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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD

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For the Appellants : Mr. Gaurang Jajodia, Advocate. For the State : Mr. Sardhu Mahto, A.P.P.

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I. A. No. 2180 of 2022 02/11.04.2022 Heard learned counsel for the appellants and learned APP for the State.

The present Interlocutory Application has been filed for confirmation of provisional bail granted to the appellants on 31.01.2022 for ninety (90) days.

The present Criminal Appeal has been filed against the judgment dated 28.01.2022 and order of sentence dated 31.01.2022 passed in S. T. No. 162 of 2017 passed by learned Additional Sessions Judge-II-cum-F.T.C. Offences Against Women, Dumka by which the appellants have been convicted for the offences under Sections 306/34 of the Indian Penal Code and sentenced to undergo R. I. for a period of three years each and fine of Rs. 15,000/- each and in default of the payment of the fine to further undergo for three months.

It is submitted by the learned counsel for the appellants that the appellants are 'Bhagni' of the main accused Basant Kumar Sah and the learned Court below has granted provisional bail to the appellants on 31.01.2022 for ninety (90) days and as such, provisional bail granted to the appellants may be confirmed.

On the other hand, learned counsel for the State has opposed the prayer for bail and has submitted that the appellants

have also held guilty for the offences under Section 306 of the Indian Penal Code.

Perused the impugned judgment.

It appears that both the appellants are 'Bhagni' of the main accused Basant Kumar Sah and the learned Court below has granted provisional bail to the appellants on 31.01.2022 for ninety (90) days. It appears that the main accused Basant Kumar Sah has been sentenced for R. I. for a period of 10 years under Section 306 of the Indian Peal Code whereas the present appellants have been sentenced to undergo R. I. for a period of three (3) years each.

Admit.

Issue notice.

Call for the scanned copy of Lower Court Records. On consideration of the aforesaid fact, during pendency of this Criminal Appeal, the provisional bail of the appellants, namely Kiya Devi @ Kiya Bhagat @ Kiya Bhakat @ Kiya Sah and Neha Kumari @ Shilpee Rani on 31.01.2022 is confirmed in connection with in S. T. No. 162 of 2017.

I. A. No. 2180 of 2022 is allowed and disposed of.

(Sanjay Prasad, J.) Kamlesh/