IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. APP (SJ) No.433 of 2011
BIRENDRA CHOUDHARY
Versus
THE STATE OF BIHAR
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2. 18.4.2011 This appeal shall be heard.
Call for the lower court records.
As regards the prayer for bail of the appellant, it
was contended that conviction of the appellant under Section
304B of the Indian Penal Code could not be sustainable in law
inasmuch as the allegation being that the deceased was
administered poison as a result of which she died could not be
upheld in the light of the evidence of the Doctor who had treated
her in Sadar Hospital, Siwan. Attention of the Court in the above
behalf has been drawn to paragraph 15 of the judgment which
contains the discussions of the evidence of Doctor S.K. Aman
who had operated upon the deceased for peritonitis and it was
indicated that she was hospitalized in the hospital and peritonitis
was not as a result of any use of force or assault rather it was on
account of certain circumstances as indicated in the evidence of
the said Doctor.
Regard being had to the submission and the
evidence, let the appellant, Birendra Choudhary, who was all
along on bail prior to being convicted, be directed to be released,
during pendency of this appeal, on furnishing a bond of Rs.
10,000/-( ten thousand) with two sureties of the like amount each
to the satisfaction of the trial court, i.e., Additional Sessions
2
Judge, Fast Track Court-I, Gopalganj, in Sessions Trial No. 388
of 1994/130 of 2009.
As regards sentence of fine, realisation thereof
shall remain stayed till further orders.
Kanth ( Dharnidhar Jha, J.)