Arjun Kumar Singh vs The State Of Jharkhand
2022 Latest Caselaw 3555 Jhar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 Criminal Appeal (S.J.) No.469 of 2022
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1. Arjun Kumar Singh

2. Dhiraj Kumar Singh .... .... Appellants Versus The State of Jharkhand .... .... Respondent

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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Appellants : Mr. Manindra Kr. Sinha, Adv.

For the State                         : Mrs. Vandana Bharti, A.P.P.
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03/Dated: 07 September, 2022

         I.A. No.7494 of 2022

1. The present interlocutory application has been filed on behalf of the appellants for grant of ad-interim bail during the pendency of this appeal.

2. Heard learned counsel for the appellants and learned counsel for the State.

3. The appellants have been convicted for the offence under Sections 498(A)/34 and 304(B)/34 of the Indian Penal Code read with Sections 3/4 of the Dowry Prohibition Act and vide judgment of conviction dated 18.05.2022 and order of sentence dated 28.05.2022 by which the appellants have been sentenced to undergo rigorous imprisonment for three years and fine of Rs.10,000/- for the offence under Section 498(A)/34 of I.P.C. in default thereof, further to undergo simple imprisonment for fifteen days; rigorous imprisonment for seven years and fine of Rs.10,000/- for the offence under Section 304(B) of the I.P.C. in default thereof, further to undergo simple imprisonment for two months; rigorous imprisonment for five years and fine of Rs.15,000/- for the offence under Section 3 of Dowry Prohibition Act in default thereof, further to undergo simple imprisonment for one month; rigorous imprisonment for six months and fine of Rs.5,000/- for the offence under Section 4 of Dowry Prohibition Act in default thereof, further to undergo simple imprisonment for fifteen days, passed by the learned Special Judge C.A.W., Hazaribag in Sessions Trial No.51 of 2019 arising out of Sadar P.S. Case No.850 of 2017 corresponding to G.R. Case No.3493 of 2017.

4. It has been submitted by the learned counsel for the appellant that the ingredients of Section 304(B) of the IPC are absent as because the cause of death has not been ascertained. In fact, she was getting treatment and during the treatment she has died. The applicant no.1 who is the father-in-law was all along on bail. On the above facts, the prayer for bail has been made.

5. On the other hand, learned counsel for the State has opposed the prayer for bail.

6. Considering the above facts especially the medical report, the appellants named above, are directed to be released on bail, on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of like amount each to the satisfaction of the learned Additional Session's Judge-VI, Hazaribag in connection with Sessions Trial No.51 of 2019 arising out of Sadar P.S. Case No.850 of 2017 corresponding to G.R. Case No.3493 of 2017, subject to condition that the appellants will submit self- attested photocopies of their Aadhar Cards and also submit their mobile numbers before the learned court below which they will always keep active and will not change it during pendency of this case without prior permission of the court.

7. In the result, the present interlocutory application being I.A. No.7494 of 2022 stands allowed.

Criminal Appeal (S.J.) No.469 of 2022

1. Put up this case along with Criminal Appeal (S.J.) No.457 of 2022.

(Rajesh Kumar, J.)

Amar/-