Abha Devi vs The State Of Jharkhand
2022 Latest Caselaw 3556 Jhar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 Criminal Appeal (S.J.) No.457 of 2022
                                 ----

Abha Devi                                   .... .... Appellant
                              Versus
The State of Jharkhand                      .... .... Respondent
                                 ----
      CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
                                 ----
For the Appellant                     : Mr. Manindra Kr. Sinha, Adv.
For the State                         : Mr. Veervijay Pradhan, A.P.P.
                                 ----
              th
03/Dated: 07 September, 2022

         I.A. No.7203 of 2022

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

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

3. The appellant has 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 appellant has 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 who is mother-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 appellant named above, is directed to be released on bail, on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) 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 appellant will submit self-attested photocopy of her Aadhar Card and also submit her mobile number before the learned court below which she 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.7203 of 2022 stands allowed.

(Rajesh Kumar, J.)

Amar/-